Madison - St. Clair Record

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Motorist sues body shop, insurance firm, two motorists

By Robbie Hargett | Nov 3, 2015

A motorist is suing two other motorists, a body shop and an insurance company, alleging negligence for injuries he sustained in two separate vehicle collisions.

Jerry L. Johnston filed a lawsuit Sept. 29 in St. Clair County Circuit Court against John R. Smith, Classic Auto Body, Alexis Alejo, and National Union Fire Insurance Company of Pittsburgh, alleging negligence, negligent entrustment, willful and wanton acts or omissions and under-insured motorist claim.

On Jan. 9, 2014, the suit states, Johnston was involved in a vehicle collision in Belleville, caused by the negligence of Smith, resulting in injuries to Johnston's head and neck. The suit states Classic Auto Body owned the 2004 International tow truck that Smith was driving during the collision.

On May 21, 2014, the complaint says, Johnston was then involved in a vehicle collision caused by the negligence of Alejo, resulting in the aggravation of the injuries he sustained in the previous collision with Smith.

At the time of these collisions, the suit says, Johnston was covered under a policy issued by National Union Fire Insurance, which included a provision for under-insured motorists. The lawsuit states Smith and Alejo were under-insured motorists, but National Union Fire has not responded to Johnston's demand for damages under the under-insured motorist provisions.

Johnston seeks damages of more than $50,000, plus costs of the suit. He is represented by attorney Kevin Boyne of Belleville.

St. Clair County Circuit Court case number 15-L-556.

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