GALLATIN CO. – Gallatin County, Ridgway Township, a Ridgway Township Road Commissioner and man alleged to have caused an accident have all been sued over road maintenance or lack thereof.
The lawsuit, filed June 8 by Michael R. Dunk, alleges that an August 21, 2017 accident Dunk was involved in at the intersection of Raben Road and New Market Road in rural Ridgway was the fault of those charged with maintaining the county road’s stop signs, as well as that of the other driver, Justin Lance Kivett.
The documents outline that the accident took place last year at 7:35 a.m., when Kivett was traveling southbound on New Market Road in a 2008 Toyota Prius.
Dunk was westbound on Raben Road in a 2003 BMW 325 and claims that he stopped at the stop sign controlling westbound traffic on Raben Road, then proceeded through the intersection.
Kivett, however, failed to stop at the stop sign controlling southbound traffic along New Market Road, and the two vehicles collided.
Dunk, of course, wants a judgment of $50,000 against Kivett, claiming he’s suffered “past and future medical expenses; lost wages; physical pain and mental suffering and loss of a normal life,” without noting whether or not Kivett was insured and said insurance covered all of those “expenses,” or if he’s asking for over and above what insurance pays out….otherwise, there’s little point in carrying insurance.
Dunk then blames Ridgway Township, Gallatin County, and Ridgway Township Road Commissioner for failing to maintain and/or replace the stop sign at the intersection, specifically, New Market Road.
Specifically, Dun claims that the stop sign was “incapable of completely warning southbound motorists along New Market Road of the four-way stop intersection,” although the word “completely” remains a questionable qualifier under the circumstances, as there’s either a stop sign there, or there isn’t, and it can be seen, or it can’t be.
That questionable descriptive isn’t further elaborated upon in the documents.
Dunk, however, is apparently hoping it’s enough to prompt a jury to award him amounts in excess of $50,000, should the case go to trial.
The public entities involved apparently believe that Kivett should be the singular person responsible for the accident, as on July 9, they filed a counterclaim for contribution against him (meaning if they lose, he’s going to be responsible for part of their payout to Dunk, as he is, after all, the one who allegedly ran a stop sign, which action caused the accident.)
Interestingly, Kivett was never issued a citation in the crash, so apparently investigators believed he wasn’t at fault, which act might have been what prompted Dunk’s ire.
Dunk, which is a local name but whose address on file is shown as Indianapolis, might just believe that he can come to podunk southern Illinois and wreak havoc on the local court system with a high-end attorney and lawsuit.
It remains to be seen whether or not this will be the case, as no action has been taken since the entry of attorney appearances in early July. No future dates have yet been set.