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Man Rear-Ended by Deputy Sheriff Receives Settlement

Dougherty & Holloway Dec. 22, 2014

Harmon Swanigan, 55, of  O’Fallon, Missouri, sued the St. Charles County Sheriff’s Department and deputy Brian Adelsberger in May 2011 after being injured in a 2009 low-speed rear-end collision with the St. Charles County sheriff’s deputy. Swanigan won a $40,000 judgment as a result of a two-day jury trial.

According to the lawsuit, Swanigan was driving a 2009 Chevy Malibu on Caulks Hill Road near its intersection with Harvester Road when he was rear-ended by the deputy on the afternoon of Sept. 19, 2009. The accident caused Swanigan neck and lower back sprain leading to more than $17,000 in medical bills.

Andy Marty, plaintiff’s attorney, said the county acknowledged there was negligence involved but did not accept liability in the accident. Opposing counsel, county counselor Robert Hoeynck, did not respond to an interview request.