COMPLAINT

COMES NOW Plaintiff, Donald H Clark, III, and for his Complaint against Defendant, Jimmy Eggers, states as follows:

1.         At the time of the subject incident the Plaintiff, Donald Clark, (hereinafter “Plaintiff”), was a resident of Illinois.

2.         At the time of the subject incident the Defendant, Jimmy Eggers, (hereinafter “Defendant”), was a resident of Illinois.   

3.         The amount in controversy exceeds $50,000 exclusive of interest and costs.    

4.         Venue is appropriate in Madison County, State of Illinois as the parties are both residents of Illinois and the subject incident occurred in St Clair County, Illinois.

5.         On December 5, 2006, Plaintiff was a passenger in a vehicle traveling Southbound on IL 11 that was at a complete, full, and legal stop at the intersection of Highway 11 and Triple Crowe Road.

6.         At the same time, a vehicle operated by Defendant was also traveling Southbound  on IL 11 and approaching its intersection with Triple Crown Road.  

7.         The Defendant was negligent and caused a collision between
Defendant’s vehicle and the vehicle Plaintiff was a passenger in.  

8.         Defendant breached the duty he owed Plaintiff in the following respects:

A)        Defendant was traveling at an excessive rate of speed;

B)        Defendant failed to reduce speed;

C)        Defendant failed to keep a lookout;

D)        Defendant failed to obey traffic signals;

E)        Defendant failed to operate his vehicle in a safe manner;

F)        Defendant failed to avoid the collision;

G)        Defendant failed to keep a safe distance from the vehicle in front of him; and

H)        Defendant failed to safely bring his vehicle to a stop.

9.         As a direct and proximate result of Defendant’s negligence Plaintiff was caused to suffer severe physical injuries, past and future pain and suffering, loss of enjoyment of life, and past and future lost wages and medical expenses.   

WHEREFORE, Plaintiff requests the Court to enter judgment in his favor and against the Defendant, and award him compensatory damages in an amount to be proven at trial to be fair and reasonable in excess of $50,000; to award him prejudgment interest, attorney fees, and the costs of this action; and to grant such other relief as the Court may deem necessary and proper.

Respectfully submitted

Sansone Law, LLC

By: _____________________________

BENJAMIN J. SANSONE,  IL #6281549

7777 Bonhomme Ave

Suite 2250

Clayton, Missouri 63105

(314) 726-1817

(314) 726-6087 FAX

BJS@SansoneLaw.com

ATTORNEYS FOR PLAINTIFF