Madison - St. Clair Record

Sunday, September 22, 2019

Pedestrian sues motorist over accident

By Carol Ostrow | Jul 6, 2015

A man is suing a construction company and its employee for allegedly hitting him while he was walking down the street.

Harold C. Benne filed a lawsuit on June 17 in Madison County Circuit Court against Norman L. Price and Baxmeyer Construction, claiming breach of duty of ordinary care in a November 2009 collision in Maryville.

According to the complaint, Benne was walking on or near Remington Lane on Nov. 3, 2009, when Price allegedly struck him with his motor vehicle. The suit names Baxmeyer as co-defendant, stating that Price was driving in his capacity as an employee of Baxmeyer Construction.

The suit states that Price failed to keep a proper lookout, decrease his speed and stop in time to avoid a collision and properly apply his brakes.

Benne claims temporary and permanent injuries, medical expenses, hindrance from attending to his usual duties and affairs, diminished everyday functioning, lost wages, loss of enjoyment of life and medical expenses.

The plaintiff seeks judgment in his favor for damages in excess of $50,000, attorney’s fees and costs, and whatever other remedy the court deems appropriate.

Price is represented by Gregory Tobin of Pratt & Tobin in East Alton.

Madison County Circuit Court case number 15-L-773

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