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Accident in Collinsville subject of suit
8/27/2008 7:28 AM
Michael Totty is suing Enrique E. Earnst and Barbara L. Totty, claiming they were responsible for injuries he sustained in an auto accident.
Michael Totty was a passenger in Barbara Totty's vehicle when it collided with Earnst's vehicle at the intersection of Bluff Road and Ramada Boulevard in Collinsville, according to the complaint filed in Madison County Circuit Court on Aug. 22.
Michael Totty claims both drivers, who were traveling in opposite directions and approaching a yellow stoplight, were negligent, the complaint states.
Earnst was attempting to make a left-hand turn onto the Interstate 55/70 northbound entrance ramp, while Barbara Totty was traveling southbound on Bluff Road, according to the suit.
The two cars collided, and Michael Totty claims he suffered severe and permanent injuries to various parts of the body and face and eyes that resulted in disability and will cause him to suffer great physical pain, mental anguish and loss of a normal life, the complaint states.
In addition, he says he has been forced to undergo medical care and has become liable for certain doctor, hospital and pharmaceutical expenses. He claims his future learning capacity has been seriously diminished, according to the suit.
Michael Totty claims Earnst was negligent because he failed to yield his right of way to Totty's vehicle, failed to terminate his attempted left turn when confronted with the yellow light, failed to stop and abort his attempted left hand turn when faced with a red light, failed to maintain proper lookout, failed to keep his vehicle under proper control and failed to reduce his speed to avoid an accident, the compliant states.
Michael Totty claims Barbara Totty was negligent because she failed to terminate her attempt to proceed through the intersection when she faced a yellow light, failed to stop when confronted with a red light, failed to maintain a proper lookout, failed to keep her vehicle under proper control and failed to reduce her speed to avoid an accident, according to the suit.
Michael Totty is suing each defendant in excess of $50,000, plus the costs of court.
He is being represented by Matthew J. Marlen, an attorney from Belleville.
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