Madison - St. Clair Record

Sunday, December 15, 2019

Widower sues driver over wife’s death

By Carol Ostrow | Jul 14, 2015


A St. Clair County man is suing a construction company alleging wrongful death in a fatal 2014 automobile accident in Mascoutah that killed his wife and the mother of their children.

Paul Wells of Mascoutah, as estate administrator for Robin Wells, deceased, and as guardian of minors Melody M.L. Wells and Paul Wells, filed suit June 22 in St. Clair County Circuit Court against Don L. Mueller and Don Mueller Construction Company alleging vehicular negligence in a November 2014 accident that claimed Robin’s life and left their children motherless.

According to the filing, Robin and her daughter Melody were traveling northbound on Illinois state Route 4 in Mascoutah on or about Nov. 5, 2014, when Don L. Mueller, in his capacity as owner of Don Mueller Construction Co., was driving southbound on the same highway.

Court documents indicate that Mueller’s vehicle crossed the center line and struck Robin Wells’ vehicle. The plaintiff blames Mueller for breach of duty, claiming that he was negligent by failing to drive on the right side of the road and in the correct lane, concentrate on his driving, keep a proper lookout for other vehicles, and reduce his speed.

The grievance states that Robin died of her injuries, that the family has been deprived of her love, affection and care taking, and that they have suffered grief and mental anguish as a result of her death. Robin purportedly suffered traumatic injury to her head, neck, and torso prior to her demise.

According to documents filed, Melody, who has Down syndrome, relied on her mother for care and will now be especially deprived of her services and affections; the suit states that Melody also sustained bodily injuries, disfigurement, and medical expenses.

Invoking several counts of the Family Expense Act, the plaintiff seeks judgment in his favor for damages of more than $50,000 plus attorney’s fees and costs. He is represented by David Cates of Cates Mahoney in Swansea.

St. Clair County Circuit Court case number 15-L-364.

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