Madison - St. Clair Record

Friday, December 13, 2019

Motorcyclist claiming negligence by transport agency, driver, denies was intoxicated

State Court

By John Breslin | Dec 4, 2019

Madisonaccident

EDWARDSVILLE - A motorcyclist has denied he was intoxicated when involved in a collision with a community transit vehicle.

Richard Wooley, in response to the counterclaim made by the  Agency for Community Transit (ACT) and one of its drivers, denied the allegation in a filing with Madison County Circuit Court.

A status conference on the action, which also names passenger Patricia Lehr as a plaintiff, will take place Dec. 11 before Judge Dennis Ruth.

The complaint, first filed July 18, 2018, alleges ACT and its driver, Marchelle Davis, were responsible for the 2017 incident and states the two motorcyclists suffered serious injuries.

According to the complaint, Davis attempted to turn left when the vehicle she was operating collided into Wooley and Leher at the intersection of Edwardsville Road and Wood River Avenue.  The plaintiffs request a trial by jury and seek damages of more than $50,000.

In a counterclaim for contribution, the agency and Davis argue that Wooley was in violation of Illinois law at the time of the accident because he was "operating a motor vehicle while under the influence of alcohol or drugs or intoxicating compounds."

He was impaired as a result of the consumption and, therefore, contributed to the alleged injuries, according to the counterclaim.

The counterclaim also argues that even if the defendants are found to have committed acts that led to the injuries, Wooley should pay a share. It is argued he should pay based on the percentage of his fault.

In their denial of the allegations, the defendants would admit only that Davis attempted to turn left when it collided into Wooley and Leher at the intersection.

The defendants are represented by Donald J. Ohl and Matthew J. Pleese of Knapp, Ohl & Green of Edwardsville.

Plaintiffs are represented by Samuel Mormino Jr. of Mormino Velloff & Snider in Alton.

Madison County Court case number 2019-L-913.

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