Madison - St. Clair Record

Wednesday, December 11, 2019

Passenger sues driver for allegedly crashing into embankment

By Molly English-Bowers | Mar 14, 2016

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EDWARDSVILLE – A passenger is suing the driver of a vehicle for allegedly crashing into an embankment in Collinsville. 

Michael Totty filed the lawsuit Feb. 29 in Madison County Circuit Court against Barbara L. Totty, alleging negligence


According to the complaint, on March 10, 2014, Michael Totty was a passenger in a vehicle operated by Barbara Totty, heading southbound and attempting to turn west onto Collinsville Road in Collinsville.

The suit says the defendant was unable to turn the vehicle, which caused her vehicle to leave the roadway and strike a ditch/embankment.

The lawsuit alleges negligence in operating the vehicle included driving it in a way to cause injury to the plaintiff, speeding, having inadequate brakes and failing to apply them properly, failing to keep the vehicle under control, and turning in an intersection in a unsafe manner.

As a result, the complaint says, the car left the roadway, and the plaintiff was tossed within the vehicle, causing injury, which he claims he will continue to suffer into the future. The suit says the plaintiff has spent money on health care expenses, has been kept from gainful employment, and has been damaged in his future earning capacity.

Michael Totty seeks at least $50,000, plus court costs. He is represented by attorney Jason R. Carawy of Kolker Law Offices PC in Belleville.

 Madison County Circuit Court case number 16-L-278

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Madison County Circuit Court