Lawsuit filed on behalf of pedestrian killed in August accident

By Nick Kovatch on December 24 at 1:39pm

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A three-count wrongful death lawsuit has been filed stemming from an accident that killed a pedestrian in Jacksonville in August.

The suit was filed in Morgan County Circuit Court yesterday by the law office of Daniel Goodman of Rosemont on behalf of the estate of Caryn Thomas. The filing, which only represents one side of the claim, names Mitchell Smith, Jay Shirley and Jay Shirley, Incorporated as defendants.

The lawsuit says Smith was driving the semi-tractor trailer, which is owned by Shirley’s company, southbound on Clay near Morton on August 2nd. It says Thomas was a pedestrian on the northwest corner of the intersection.

The filing claims the defendants carelessly and negligently operated the semi-tractor trailer at a rate of speed that was greater than reasonable and proper; operated the vehicle without keeping a proper and sufficient lookout for pedestrians in and about the area; failed to exercise proper precautions upon observing Thomas, who was a pedestrian, and struck her; failed to yield right of way to Thomas; started the vehicle from a parked or stopped position without first ascertaining that such movement could be made safely; failed to have the vehicle equipped with proper and sufficient brakes; failed to give audible and proper warning of the approach of the semi-tractor trailer; failed to maintain proper control over the vehicle at all times; failed to stop the semi-tractor trailer when danger was imminent so as to avoid striking Thomas; failed to change course of direction of the vehicle so as to avoid striking Thomas; and otherwise carelessly, negligently, and improperly drove and operated the semi-tractor trailer.

The suit states that as a direct and proximate result of the careless acts, Smith’s vehicle collided with Thomas resulting in her death.

The lawsuit alleges Thomas’ estate incurred expenses, and her heirs and next-of-kin sustained grief, sorrow, mental suffering, loss of support, companionship, and society due to her death.

The filing is asking for in excess of $50,000.