Madison - St. Clair Record

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Gun club and forklift driver deny negligence in accident that led to amputation

By Ann Maher | Jun 27, 2016

Town and Country Gun Club has answered a Madison County injury suit saying the plaintiff assumed risks leading up to an accident which caused him to lose his leg.

John Anderson of Illinois filed suit against the Maryville gun club and Marvin McIntyre in February, saying their negligence in a forklift accident resulted in him having to have his leg amputated.

According to the complaint, on Sept. 22, 2015, McIntyre was operating a forklift owned by Town and Country Gun Club when McIntyre lost control of the equipment.

The plaintiff alleges he has become liable for large hospital, medical and related expenses, can no longer attend to his usual affairs and duties, has lost wages and income, and has been deprived of a normal life.

Anderson seeks a judgment of at least $75,000, plus court costs from both defendants. He is represented by Thomas Q. Keefe Jr. of Belleville.

Christopher Leritz of St. Louis represents the gun club and McIntyre.

In response to the complaint, Leritz wrote that Anderson assumed the risk of riding on the forklift, and that he directed McIntyre to give him a ride "when he knew or should have known the risks and danger."

On behalf of both defendants, Leritz asserts that Anderson is more than 50 percent responsible for the accident, which bars him from recovery under state law.

Circuit Judge Barbara Crowder presides over the case, which is docketed for June 29.

Madison County Circuit Court case number 16-L-180

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