Automobile Accident Complaint 1 (suing opposing driver for negligence)

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Circuit Court of Illinois.
Seventh Judicial Circuit
Sangamon County
Ronald H. HERMANN, Plaintiff,
v.
Vickie J. BRENNAN and Lynnette Hermann, Defendants.
No. 2009 L 0333.
December 9, 2009.

Complaint for Personal Injuries

Samuels, Miller, Schroeder, Jackson & Sly, LLP, One of His Attorneys.

NOW COMES the Plaintiff, RONALD H. HERMANN (“Ron”), by his attorneys, Samuels, Miller, Schroeder, Jackson & Sly, LLP, and for his Complaint for Personal Injuries against the Defendants, VICKIE J. BRENNAN (“BRENNAN”) and LYNNETTE HERMANN (“Lynnette”), states:

COUNT I

(Negligence--Ron v. Brennan)

1. Ron resides in Sullivan, Moultrie County, Illinois; Brennan resides in Springfield, Illinois; and the collision out of which this cause of action arose occurred in Sangamon County, Illinois.

2. On December 14, 2007, and at approximately 4:20 p.m., Ron was a passenger in a 2002 Chevrolet Impala automobile operated by Lynette, in a southbound direction on MacArthur Boulevard, approaching its intersection with Jefferson Street, in Springfield, Sangamon County, Illinois.

3. On that date and at approximately 4:20 p.m., Brennan was operating a 2002 Dodge Stratus in a northbound direction on MacArthur Boulevard, heading toward its intersection with Jefferson Street in Sangamon County, Illinois.

4. On December 14, 2007, northbound and southbound traffic on MacArthur Road was regulated by traffic control lights where the road met Jefferson Street.

5. At the intersection of MacArthur Boulevard and Jefferson Street, Brennan disregarded the stoplight and made a left turn into the path of the southbound traffic on MacArthur Boulevard.

6. Brennan had a duty to exercise ordinary care not to injure Ron or other persons lawfully traveling on MacArthur Boulevard.

7. When Brennan's automobile entered and occupied the southbound lane of MacArthur Boulevard, it struck the automobile in which Ron was a passenger, in a collision in which Ron was seriously injured.

8. At the time of the collision, Brennan, disregarding the duty owed to Ron, was then and there guilty of one or more of the following negligent acts or omissions:

(a) She disobeyed the traffic control signals regulating traffic northbound on MacArthur Boulevard by failing to stop when her light was red, in violation of 625 ILCS 5/11-306 (c).

(b) She drove her automobile into the southbound lane of MacArthur Boulevard without yielding to vehicles lawfully within the intersection, in violation of 625 ILCS 5/11-306 (a)(2).

(c) She failed to keep a proper and safe lookout for traffic on MacArthur Boulevard.

(d) She drove her automobile into the path of oncoming traffic when it was not safe to do so, resulting in the collision with Ron's automobile.

(e) She failed to yield the right of way when making a left turn, in violation of 625 ILCS 5/11-902 .

(f) She failed to see Ron's automobile when it could and should have been seen.

(g) She failed to keep her automobile under control so as to avoid an accident.

9. The negligence of Brennan was the proximate cause of the collision and injuries of the Plaintiff, Ron.

10. As a direct and proximate result of one or more or a combination of all of the negligent acts or omissions of Brennan, Ron sustained severe and permanent disabling injuries, external and internal, to various parts of his body and limbs. Further, Ron was hospitalized and incurred substantial medical and hospital expenses, and he will incur future medical expenses. He has been hindered from following his usual occupation and from attending to his affairs and duties by reason of his injuries. He has suffered great pain, suffering and anguish, and he will continue to so suffer for the rest of his life for those permanent injuries which he incurred. He will be unable to carry on his usual and ordinary activities for a lengthy period of time.

WHEREFORE, the Plaintiff, RONALD H. HERMANN, prays for a judgment against the Defendant, VICKIE J. BRENNAN, in such sum as will fairly and justly compensate him for his losses sustained, and in excess of Fifty Thousand Dollars ($50,000.00), together with his costs of suit.

COUNT II

(Negligence--Ron v. Lynnette)

1.-4. Ron repeats and realleges paragraphs 1 through 4 of Count I of the Complaint as paragraphs 1 through 4, respectively, of Count II.

5. At the intersection of MacArthur Boulevard and Jefferson Street, Lynnette disregarded a stoplight, entered an intersection when it was unsafe to do so, failed to decrease the speed of her automobile as she approached the intersection, and failed to keep a proper lookout for northbound traffic on MacArthur Boulevard, making a left turn onto Jefferson Street.

6. Lynnette had a duty to exercise ordinary care not to injure Ron or other persons lawfully traveling on MacArthur Boulevard.

7. When Lynette's automobile entered and occupied the intersection of MacArthur Boulevard and Jefferson Street, it was struck by Brennan's automobile, in a collision in which Ron was seriously injured.

8. At the time of the collision, Lynnette, disregarding the duty owed to Ron, was then and there guilty of one or more of the following negligent acts or omissions:

(a) She disobeyed a traffic control signal in that she entered an intersection against a red light, in violation of 625 ILCS 5/11-306 (c).

(b) She drove her automobile into the intersection of MacArthur Boulevard and Jefferson Street at a time when it was not safe to do so.

(c) She failed to keep a proper and safe lookout for northbound traffic on MacArthur Boulevard, making a left turn onto Jefferson Street.

(d) She entered the intersection of MacArthur Boulevard and Jefferson Street at a speed that was not safe under conditions at the time.

(e) She failed to see the Brennan automobile when it could and should have been seen in time to avoid an accident.

(f) She failed to keep her automobile under control so as to avoid an accident.

9. The negligence of Lynnette was the proximate cause of the collision and injuries of the Plaintiff, Ron.

10. As a direct and proximate result of one or more or a combination of all of the negligent acts or omissions of Lynnette, Ron sustained severe and permanent disabling injuries, external and internal, to various parts of his body and limbs. Further, Ron was hospitalized and incurred substantial medical and hospital expenses, and he will incur future medical expenses. He has been hindered from following his usual occupation and from attending to his affairs and duties by reason of his injuries. He has suffered great pain, suffering and anguish, and he will continue to so suffer for the rest of his life for those permanent injuries which he incurred. He will be unable to carry on his usual and ordinary activities for a lengthy period of time.

WHEREFORE, the Plaintiff, RONALD H. HERMANN, prays for a judgment against the Defendant, LYNNETTE HERMANN, in such sum as will fairly and justly compensate him for his losses sustained, and in excess of Fifty Thousand Dollars ($50,000.00), together with his costs of suit.

JURY DEMAND

NOW COMES the Plaintiff, RONALD H. HERMANN, by his attorneys, Samuels, Miller, Schroeder, Jackson & Sly, LLP, and demands trial by jury in the above-entitled cause.

RONALD H. HERMANN, Plaintiff
BY: SAMUELS, MILLER, SCHROEDER,
JACKSON & SLY, LLP
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One of His Attorneys
MARK E.JACKSON
SAMUELS, MILLER, SCHROEDER,
JACKSON & SLY, LLP
Attorneys for Ronald H. Hermann
225 N. Water St., Ste. 301
P.O. Box 1400
Decatur IL 62525-1400
Telephone: (217) 429-4325
Fax: (217) 425-6313

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