A Smithton man who claims he was forced to have part of his left leg amputated after a Mack dump truck driver ran him over will have his case heard by a Madison County jury.
Jurors were being selected Monday afternoon in Circuit Judge Dennis Ruth's court.
Plaintiff William Smith claims the incident happened while he was performing asphalt density tests at the intersection of Lakeview Acres and Illinois State Route 162 in Maryville for his employer, Quality Testing and Engineering, on June 7, 2013.
The 2014 suit originally named B.P. Hauling, truck driver Thomas G. Volmer, Thiems Construction Company and The Kilian Corp. as defendants.
Kilian Corp., represented by David Simkins of Wuestling and James in St. Louis, remains the only defendant at trial.
Kilian has denied liability for the incident. It further has claimed that the plaintiff was comparatively at fault for failing to keep a careful lookout.
Smith's employer, Quality Testing Engineering is a third party defendant. The company is represented by Barry Noeltner of Heyl Royster in Edwardsville.
Smith claims that in addition to partial amputation of his leg, he has suffered from deep venous thrombosis and pulmonary embolism. He also claims he suffered left shoulder damage, partial thickness burns to his arms, leg and back, experienced pain and suffering, incurred medical costs, lost wages, endured a diminished earning capacity, lost his enjoyment of life and suffered disfigurement and disability.
His wife, Faith Smith, claims she lost her husband’s society and services, including his support, devotion, care, society, companionship and consortium, because of the incident.
At trial, the Smiths are being represented by Eric J. Carlson of Byron, Carlson, Petri and Kalb and Tad Armstrong of Edwardsville.
Madison County Circuit Court case number 14-L-391.