Man Injured in 2009 Accident Files Lawsuit Against Two People

December 21, 2010

In a typical motor vehicle incident lawsuit, the plaintiff has to show three things. One, that the other driver was negligent in the operation of his motor vehicle. Two, that the plaintiff was injured; and three, that the injuries form which the plaintiff suffers were directly or proximately caused by the negligence of the other driver. All three prongs have to be proven by a preponderance of evidence–that is, they are more true than not. If the plaintiff fails to prove any of the three requirements, he will lose.

In the case below, the plaintiff is also claiming negligent entrustment. That is he is claiming that the owner of the vehicle was careless in allowing the driver allegedly caused the collision and the injuries claimed to borrow the vehicle and driver it.

Theodore A. Bartelmey has filed suit against Derek J. Walsh and Renee M. Hagerstrom, after acquiring injuries from an accident that occurred Jan. 14, 2009. Bartelmey was traveling west on Interstate 80, near the Illinois 47 overpass. Walsh was driving Hagerstrom’s vehicle east on I-80 when the crash occurred.

The complaint states that Walsh was negligent by speeding, failed to maintain control of the vehicle, drove too fast for conditions, failed to give warning when approaching Bartelmey, failed to reduce speed or stop to avoid an accident, and did not keep a proper lookout.

Because of the accident Bartelmey suffered severe and permanent injuries and cannot perform usual duties. Bartelmey is suing for pain and suffering and for medical expenses. Bartelmey is also suing Hagerstrom for allowing Walsh to operate the vehicle.

Bartelmey is suing for an excess of $50,000.

via | Man injured in 2009 accident files lawsuit against two people.

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