Madison - St. Clair Record

Tuesday, August 20, 2019

Truck driver files motion to quash service in suit over fatal Thanksgiving crash on I-55

By Heather Isringhausen Gvillo | Mar 9, 2018

A truck driver who caused a multi-vehicle fatal collision on I-55 seeks to quash service, claiming he was in Minnesota when he was supposedly served documents in Colorado.

Defendant Mohamed Yussuf Jama filed a motion to quash service of process on Feb. 23 through attorneys Korissa Zickrick, Ted Perryman and Anna Beck of Roberts Perryman PC in St. Louis.

Jama argues that on Feb. 20, the plaintiffs forwarded Jama’s counsel an affidavit of service.

However, the process server states that he personally served Jama on Jan. 24 at 1217 29th Street in Greeley, Colorado, who then personally accepted service of the summons, complaint, affidavit of attorneys lien and entry of appearances.

Jama argues that he was in Minneapolis, Minnesota, on Jan. 24.

The motion states that the service of process is improper, insufficient and should be quashed.

The wrongful death suit was filed by Belleville attorneys with Halvachs & Abernathy LLC on behalf of Lemuel Kevin Carroll, as special administrator of the estate of Tori Renee Carroll, 20, who was killed in the November collision.

The suit suggests Jama, of Greeley, Colorado, may have been using a cell phone or another electronic device at the time of the crash.

Tori Carroll, of Alhambra/Staunton, was riding as a front-seat passenger in a 2010 Kia Forte with sisters Hailey Joann Bertels, 20, and Madisen Bertels, 17, on Nov. 21 when the vehicle slowed due to lane restrictions in a construction zone in the southbound lanes of I-55 near Hamel.

Jama was driving a 2016 Freightliner Cascadia tractor trailer when he crashed the truck into the Kia Forte. Jama drove his truck and trailer over the top of the Kia, severely injuring Tori Carroll and ultimately causing her death on Nov. 30. Seven other vehicles were also hit.

Hailey and Madisen Bertels were pronounced dead at the scene. Vivian Vu, 19, of Joplin also died from her injuries on Nov. 23.

The parties filed a stipulation for dismissal on Feb. 21, requesting dismissal without prejudice for defendants Forward Air Corporation, Forward Air Inc., Forward Air Solutions Inc., Central States Trucking Co., TQI Inc., Forward Air Royalty LLC and Forward Air Technology and Logistical Services Inc.

Madison County Circuit Judge Barbara Crowder granted dismissal on Feb. 22 with each party bearing its own costs.

The Forward Air defendants are represented by Ted Perryman of Roberts Perryman in St. Louis.

Jama, FAF Inc. and Keller Construction remain as defendants.

The suit states that Jama is an employee of FAF Inc.

Keller Construction was the general contractor performing repairs and construction on an asphalt crossover on the interstate. Keller Construction installed the traffic control devices preceding and within the construction zone.

Madison County Circuit Court case number 18-L-54

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Organizations in this Story

Halvachs & Abernathy, LLC Madison County Circuit Court