EDWARDSVILLE - An insurer is being sued for denying an underinsured motorist claim after a child was struck by a vehicle while riding a hoverboard.
The lawsuit was filed in the Madison County Circuit Court by Debra Jean Duncan, guardian of Payton Lynn Brotherton, against Progressive Northern Insurance Company.
According to the complaint, Brotherton was struck by a car while riding a hoverboard on July 24, 2023. The driver of the vehicle allegedly disregarded a stop sign, causing the collision. The motorist later pleaded guilty to failing to reduce speed to avoid a collision.
Brotherton allegedly suffered severe injuries and was airlifted to St. Louis Children's Hospital for treatment. Duncan's claim for underinsured motorist benefits was denied by Progressive Northern Insurance, prompting the lawsuit. The plaintiff alleges the denial of coverage is based on a restrictive definition of "insured person" in the policy.
The plaintiff seeks a judgment in her favor, including more than $218,000 in medical expenses. She is represented by attorney Jennifer Wagner of Goldenberg Heller and Antognoli PC.
Madison County Circuit Court case number 24-LA-85