Madison - St. Clair Record

Wednesday, August 21, 2019

Alton traffic accident suit goes to trial in Judge Barberis’ court

By Heather Isringhausen Gvillo | Apr 12, 2016


A jury trial for a lawsuit involving an Alton traffic accident is expected to begin tomorrow at 9 a.m. in Madison County Circuit Judge John Barberis’ courtroom.

John Grounds of Godfrey filed the complaint on June 26, 2014, against Kyler Elfgen.

Grounds is represented by Allan Napp of Schrempf, Kelly, Napp & Darr in Alton.

Elfgen is represented by Jason Kleindorfer of Freeark, Harvey & Mendillo in Belleville.

In his complaint, Grounds claims he was driving his vehicle eastbound on Broadway Avenue in Alton on July 2, 2012. Elfgen was also driving his vehicle eastbound on Broadway when he allegedly struck the plaintiff’s vehicle from behind.

Grounds alleges Elfgen owed a duty to others using the public roadways to operate his vehicle with reasonable care and caution. He claims the defendant breached his duty.

Grounds also alleges Elfgen negligently failed to keep his eyes on the road in front of him, drove his vehicle at a speed which is greater than reasonable and proper with regards to traffic conditions and use of the highways, failed to reduce speed to avoid a traffic collision, failed to keep proper lookout for others lawfully using the highways and failed to exercise proper control of his vehicle.

As a result, Grounds alleges he sustained injuries to his back and neck.

He seeks a judgment of more than $50,000, plus court costs.

Elfgen answered the complaint on Aug. 25, 2014, denying liability. He argues that Grounds’ own negligence was the sole proximate cause of any alleged injuries he may have incurred.

“Without waiving his denial of liability to plaintiff, defendant states that the alleged injures of which the plaintiff complains, if any, were not directly or proximately caused by any act or omission of defendant, but were the result of independent, intervening causes over which defendant had no control and which were not known to or reasonably foreseeable by defendant,” the answer states.

Madison County Circuit Court case number 14-AR-291

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