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Jan. 6, 2009 | Metro East's Legal Journal
 
NEWS

Illinois Power sues to recover costs of damaged utility pole

11/13/2008 2:14 PM

Illinois Power Company has filed suit against Carrie Cauble alleging she damaged a utility pole when her car left the roadway.

According to the suit filed Nov. 5 in Madison County Circuit Court, Cauble was driving on 21st Street in Granite City on May 3, 2001, when she left the roadway and struck the pole.

Illinois Power claims Cauble had a duty to exercise ordinary care while operating her vehicle to ensure protection of all property along or near the roadway.

The power company claims Cauble was negligent when she failed to keep a proper lookout, operated her vehicle in a careless manner, failed to keep her vehicle under proper control and failed to reduce her speed to avoid a collision.

According to Illinois Power, property damage totals $16,623.77.

The power company also claims it has tried on multiple occasions to collect the damages but alleges Cauble has refused to pay the reasonable and customary expenses incurred in repairing its property.

Benjamin Powell of Hepler, Broom, MacDonald, Hebrank True & Noce in Edwardsville represents Illinois Power.

The case is awaiting mandatory arbitration.

08 AR 688



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