EDWARDSVILLE - A bicyclist claims Stutz Excavating negligently placed a temporary sign near a Pontoon Beach sidewalk, causing him to crash.
The lawsuit was filed in the Madison County Circuit Court by Jeffrey A. Burgess against Stutz Excavating Inc. and the City of Pontoon Beach.
According to the complaint, Burgess alleges he was riding his bicycle on July 12, 2023, near the intersection of Lake Road in Pontoon Beach when he crashed with a temporary sign placed near the sidewalk.
Burgess alleges Stutz Excavating failed to properly anchor and position the sign to prevent it from falling into the street and sidewalk area. He also alleges the defendant failed to inspect and monitor the sign during the excavation process or remove it after completion.
Burgess is also suing the City of Pontoon Beach for allegedly being aware of the unsafe conditions but failing to act accordingly.
The plaintiff claims that as a result of colliding with the fallen sign, he suffered injuries to his left lower extremity. He alleges he endured pain, suffering and mental anguish. His condition may require future convalescent care for his injuries, the suit states.
Burgess is seeking a judgment in his favor for an amount in excess of $50,000, plus interest and costs associated with this action. He is represented by Brian Wendler of Wendler & Zinzilieta.
Madison County Circuit Court case number 24-LA-406