EDWARDSVILLE — A man is suing a motorist's estate after he allegedly fell asleep at the wheel and caused a collision.
Paul J. Averbeck filed a complaint on Jan. 23 in Madison County Circuit Court against the estate of Lynn J. Simburger, alleging the motorist failed to maintain proper control of his vehicle.
According to the complaint, the plaintiff alleges that on Aug. 22, 2016, he was traveling in a southerly direction on Piasa Street in Alton when the defendant, who was traveling from the opposite direction, collided with the front of the plaintiff's automobile, causing the plaintiff to sustain multiple injuries.
The plaintiff alleges Simburger negligently fell asleep while operating his vehicle, failed to reduce speed to avoid an accident and failed to maintain proper lookout.
The plaintiff requests a trial by jury and seeks judgment against Simburger's estate for an amount exceeding $50,000, plus costs of this suit.
He is represented by Bob L. Perica and Tess M. Perica of The Perica Law Firm PC in Wood River.
Madison County Circuit Court case number 17-L-95