An Osage City man who was injured in a June 2019 motorcycle crash on Algoa Road has sued Jefferson City claiming the city failed to properly maintain the road.
Terry Duncan was traveling in the 7500 block of Algoa Drive when the front wheel of his motorcycle lost traction, causing the bike to lay down on its left side and spin clockwise. The bike slid toward the right shoulder of Algoa and dragged and crushed his left leg, torso, arm and face across the pavement. Duncan and the bike came to a stop after, "slamming into a dirt embankment and wire fence,"according to the lawsuit.
Duncan's lawyer claims this area of Algoa was improperly maintained by the city and cited several conditions for this conclusion, including:
• A lack of adequate friction for the safe passage of the motorcycle due to the presence of excessive and defective asphalt crack filler.
• Failure to provide other proper warning or protection to warn or protect vehicles on this portion of the roadway from hazards created by the dangerous condition of the roadway.
"Jefferson City knew, or by using ordinary care could have known, of the lack of friction on Algoa Drive in time to either remedy or warn drivers of those conditions, or make Algoa Drive reasonably safe," the lawsuit reads.
Duncan's lawyer went on to say that due to the negligence shown by the city, that led to Duncan suffering permanent and progressive injuries.
The case has been assigned to Cole County Presiding Judge Jon Beetem, but no court date has been set.