Madison - St. Clair Record

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Mother sues Aspen Waste after garbage truck allegeldy strikes her son

By Molly English-Bowers | Feb 17, 2016

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BELLEVILLE – The mother of a 5-year-old boy is suing a waste disposal business, alleging negligence over injuries shes says the boy suffered when he was hit by a garbage truck while riding his bicycle.

Conner Barton, a minor, by his mother and next friend, LaDonna Mohr, and LaDonna Mohr, individually, of Fairview Heights, filed a lawsuit Feb. 5 in St. Clair County Circuit Court against Aspen Waste Systems Inc., Patrick Sutton and Candace Middendorf.

According to the complaint, on Dec. 30, 2015, Connor Barton was bicycling on East Drive in Fairview Heights when he was struck by an Aspen Waste garbage truck driven by Sutton. The lawsuit alleges Aspen and Sutton failed to formulate or enforce rules that its driver have a clear view of the truck tire before moving the truck, that its driver maintain visual contact with children near the vehicle, train drivers with regard to blind spots, equip vehicle with adequate warning systems to alert drivers of the presence of small children, require a second man to be on the vehicle to act as a spotter, and equip trucks with wheel guards to prevent children from sliding underneath.

As a result, Connor Barton sustained bone fractures, organ damage and skin damage, has had multiple surgeries and will be disabled into the future, the suit states.  

The suit also names Middendorf, who was caring for the the child at the time of the incident.

Connor Barton and LaDonna Mohr seek at least $50,000, plus court costs against each defendant and under each count. They are represented by attorneys Lanny Darr of Darr Law Offices Ltd in Alton, and Shawn K. Lintz of Lintz Law Firm in Alton.

St. Clair County Circuit Court case number 16-L-70

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