EDWARDSVILLE - A cyclist claims a Jimmy John's driver caused a collision because of the requirement that employees deliver "freaky fast" to customers.
Bobbie Onken filed suit April 21 against the driver, Kidds Restaurant, and the Jimmy John's Franchise.
The defendants are accused of willful and wanton disregard for the safety of Onken following the Sept. 12, 2019 collision. Jimmy John's Franchise did not immediately respond to a request for comment.
According to the suit, the driver was either an employee of Kidds, which has headquarters in Highland but "operates multiple outlets," or the franchisor.
Onken claims that in September, he was operating his bicycle on the sidewalk of IL-157 around noon. At the same time, the Jimmy John's employee was driving a Nissan Versa northbound on IL-157. Onken alleges the employee's vehicle left the roadway and traveled over 150 feet before crashing into the plaintiff.
The driver is accused of negligence for allegedly failing to stay on the road, failing to operate the vehicle in a safe manner, failing to keep a look out, failing to decrease speed, failing to stop or swerve, and using an electronic communication device.
Onken also claims the driver did not receive proper training and violated the driving and delivery policies of Jimmy John's.
According to the suit, Onken suffered severe injuries to his muscles, tendons, ligaments, nerves, soft tissues, vertebrae, and joints and discs of the spine and back. He also suffered injuries to his hips, the suit states.
Kidds Restaurant and Jimmy John's are accused of vicarious liability as well as willful and wanton negligence.
Onken claims they were indifferent and showed "utter disregard" for the safety of the plaintiff by failing to properly train the driver.
The suit also states that the driver was hired without a background check on his qualifications and driving history, and that the defendants failed to train and supervise him.
It is alleged the driver was required to make deliveries in a limited area to ensure they were "freaky fast," which is one of the marketing slogans used by the restaurant chain.
Onken's wife. Diane, is also suing over claims of loss of consortium, alleging she was deprived of the full love and companionship of her husband.
The plaintiffs, who are seeking more than $50,000 in damages, are represented by Robert P. Marcus of the Gori Law Firm in Edwardsville.
Madison County Circuit Court case number 2020-L-0567