Published: July 16, 2008 10:40 am         

Man sues city after ATV accident

CLINTON — A Clinton resident is suing the city for damages, claiming poor alley conditions led to an all-terrain vehicle accident.

According to a petition at law filed in Clinton County District Court by Attorney G. Trent Marquis of VanDerGinst Law PC of Rock Island, Ill., Thomas E. Dersham was operating an ATV traveling east in an alleyway connecting Seventh and Eighth streets, parallel and between Fifth and Sixth avenues south, at noon Aug. 25, 2006. Dersham claims the city “negligently failed to inspect, repair, replace, provide adequate safeguards and/or warnings or otherwise maintain the alleyway in a reasonably safe condition and free from unreasonably dangerous defects for the safe use by persons.”

According to the petition, the ATV traveled over “unreasonably dangerous uneven alleyway surfaces and depressions with dangerously deep standing water.” Dersham claims the alleyway conditions made him unable to maintain control of the ATV, causing him to crash into a garage adjacent to the alley.

Dersham is seeking a compensatory judgment in an amount in excess of $10,000, saying he has sustained multiple and serious physical injuries that have required and will continue to require hospital, medical and therapeutic care, treatment, services and supplies. He claims he has, and will continue to experience, extreme pain, suffering and discomfort; incur medical expenses and lost earnings, wages and income. Dersham states in the petition that he has been permanently disabled and disfigured and has experienced a loss of normal life.

Dersham’s wife, Debra, also is seeking damages for loss of love, society, companionship, consortium, support and other marital enjoyment and benefits.

She also seeks a compensatory judgment in an amount in excess of $10,000.

In addition to the petition at law, the Dershams have filed a jury demand.

City Attorney Paul Walter was not available for comment.

     

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