Madison - St. Clair Record

BELLEVILLE – A dialysis patient claims defective and dangerous products were used in the course of his treatment.

Anthony Floyd filed the suit March 16 in St. Clair County Circuit Court against Fresenius Medical Care North America Inc., Fresenius USA Inc., Fresenius Medical Care Holdings, Fresenius USA Manufacturing Inc., Fresenius USA Marketing Inc., and Fresenius USA Sales Inc.

According to the complaint, the plaintiff received dialysis treatment in 2011 and alleges he suffered serious injury that was partially caused by the defendants' products. Those products, labeled “GranuFlo” or “NaturaLyte,” are used in a solution for dialysis.

The suit alleges that administering GranuFlo to a patient results in elevated blood levels of bicarbonate. The most serious result can be sudden cardiac death.

The dangers of elevated bicarbonate levels in the blood were known in the medical community as early as 2004 and internally by the defendants in April 2002, the suit states.

Still, in 2011 and despite FDA recalls, the plaintiff claims he was given GranuFlo during dialysis and suffered a sudden cardiac event, the complaint alleges.

Floyd alleges eight counts against the defendants, including breach of warranty, negligence and strict liability.

For each count, the plaintiff seeks an amount sufficient to fully and fairly compensate him for his injuries and damages, court costs, interest and all other relief the court deems appropriate. He also demands a trial by jury.

He is represented by John J. Driscoll of The Driscoll Firm PC in St. Louis.

St. Clair County Circuit Court case number 16-L-150

BELLEVILLE – An East Carondelet man claims Paylater Auto Sales fraudulently repossessed his vehicle and ran over his foot before driving away.

Richard Vaughan filed the suit March 18 in St. Clair County Circuit Court against Paylater Auto Sales Inc., Paylater Auto Sales II Inc. and Leroy A. Weathers.

According to the complaint, on March 20, 2014, the plaintiff put a downpayment of $2,000 on a vehicle sold by the defendants.

A payment of $400 was due on April 3, 2014. At 6:30 p.m. that day, Weathers, an employee of Paylater, allegedly drove a tow truck to the plaintiff's residence to repossess the vehicle, the suit alleges.

When Vaughan approached the defendant and requested to retrieve his personal items from the car, the defendant agreed. However, according to the complaint, when the plaintiff was reaching into the vehicle, Weathers moved the tow truck forward, causing the vehicle to run over the plaintiff's foot. As a result, Vaughan claims he fell and sustained injury.

The tow truck driver allegedly disengaged the truck from the car and drove away, the suit states.

The suit alleges that the plaintiff then attempted to contact the defendants to make a payment, but the defendants did not respond. Instead, on April 8, 2014, the defendants allegedly had an employee follow the plaintiff to a doctor appointment, where they repossessed the vehicle.

Vaughan alleges seven counts against the defendants, including negligence, violation of the Illinois Consumer Fraud Act and common law fraud.

The plaintiff seeks judgment against the defendant in excess of $50,000 plus interest, court costs, attorney fees and other relief the court deems just and proper. He also requests a jury trial. He is represented by William K. Holland and Nolan D. Drafahl of Goldblatt & Singer in Clayton, Mo.

St. Clair County Circuit Court case number 16-L-148

CHICAGO – The registration fees paid by attorneys who want to practice in Illinois will go up by $3 next year to benefit a nonprofit program that helps law students, attorneys and judges get confidential help for alcohol and substance abuse problems as well as depression, the Illinois Supreme Court announced last week.

Beginning in 2017, Illinois attorneys on active status for at least three years will have to pay an annual registration fee of $385, compared to the previous fee of $382. The additional funds will benefit the Lawyers’ Assistance Program, which also sponsors outreach and education programs for those in the legal profession around the state. The program had received $7 from every registration fee, but now it will get $10.

Chief Justice Rita B. Garman said in a prepared statement, “The modest increase in the annual registration fee will have a significant impact on the LAP’s ability to provide services to impaired attorneys and to shine a light on the issues of addiction and mental illness in our profession.”

The program’s goals are not only to help lawyers whose careers may be getting sidetracked by addiction or depression problems but to protect the public and clients from decisions made by impaired judges and attorneys.

“Since the inception of the program, the requests for assistance have gone up dramatically,” Executive Director Robin Belleau told the Madison Record. Over the past two to three years, however, the number of law students and attorneys seeking help has leveled off at about 300 per year, Belleau said, indicating there may be a need for additional outreach.

The nonprofit program, which was founded 36 years ago and has a five-member staff, has offices in both the Chicago and Belleville areas, but Belleau said she wants to see the group open an office in the mid-state region as well. In addition, the program’s two part-time personnel on its clinical staff in Chicago may eventually go to full-time status to better serve those attorneys who enter the program.

“After a self-referral or a referral from a judge, a clinical assessment is done on what type of treatment is best suited for the needs of patient,” Belleau said.

The state Supreme Court’s decision on earmarking additional funding for addiction and depression problems among attorneys comes on the heels of a national study released in February by the American Bar Association and the Hazelden Betty Ford Foundation. That study found that 28 percent of attorneys battle depression, while 21 percent have problems with alcohol.

Belleau said the study changed the prevailing thought about addiction and depression issues in the legal profession. Whereas those over age 50 used to be seen having the greatest risk, the Bar Association study concluded that younger lawyers in the first decade of practice have the highest incidence of problems.

“We now find ourselves also confronting the ever-increasing consequences of depression, anxiety and stress” in addition to drug and alcohol addiction, Belleau said.

The Lawyers’ Assistance Program staff also provides office hours and conducts volunteer training sessions on law school campuses in Illinois. Volunteer training sessions are scheduled in both Bloomington and Chicago on June 3, Belleau said.

If you're like us, you’ll scrimp to make ends meet and do without some things you would like to have, so long as you know the taxes you pay are making it possible for a favored few to live well at your expense.

Wait a minute. You do mind that. In fact, you hate it. It offends your sense of justice. It infuriates.
Hardly a day goes by without another example being thrown in our faces of some special person who's managed to do real well for himself while sticking us with the tab.

Today it's David Werner, former chancellor of Southern Illinois University-Edwardsville.

We'll probably work well into our eighties, perhaps keel over at our desks and never enjoy even a modest pension, but David retired at the age of 62 and gets $252,704 in benefits every year for doing nothing – thanks to the taxpayer-subsidized State Universities Retirement System. He's already collected two and a half million dollars and will break five million in his early eighties.

When we say taxpayer-subsidized, we mean taxpayer-subsidized – to the tune of 95 percent. David paid next to nothing into his retirement plan. We pay almost all of it. David, in fact, paid less into his retirement plan than he gets back in a single year. Pretty sweet deal!

Still, knowing that David has been well-provided for and has it made makes it all worthwhile for the rest of us, right? No, it makes our blood boil.

It's not because we're envious or resentful. David can have his deal - even a sweeter one – provided he pays for it himself.

Why do we have to finance this guy's retirement, who does he think he is, and what kind of gall does a person have to have to participate in such a taxpayer swindle?

BELLEVILLE – A woman from Belleville is suing over injuries she allegedly received in the course of an automobile collision on a highway ramp. She is citing negligence.

Angela M. Dew filed the suit March 21 in St. Clair County Circuit Court against Mindaugas Leliuga and Baltic Echo Inc.

On Nov. 16, 2015, the plaintiff was driving a vehicle owned by her employer in the right-hand lane of the ramp to Illinois 203 from Interstate 55 northbound in St. Clair County, according to the suit, which alleges that at the same time, the defendant was driving a vehicle owned by his employer, defendant Baltic Echo, in the left-hand lane of the same ramp.

The defendant allegedly attempted to move into the right-hand lane and struck the plaintiff's vehicle.

The suit claims that despite the defendant's duty to others to operate a motor vehicle with reasonable care and caution, he allegedly breached that duty in the following negligent ways: failed to keep a proper lookout, failed to maintain a proper speed, failed to control the vehicle, failed to apply brakes, and failed to yield the right-of-way to the plaintiff.

According to the complaint, the plaintiff suffered injuries both temporary and permanent, will continue to accrue medical bills, and has been prevented from attending to her usual duties.

The plaintiff seeks from both defendants a judgment in an amount greater than $50,000 plus court costs. She is represented by Lanny Darr of the Darr Law Offices Ltd. in Alton.

St. Clair County Circuit Court case number 16-L-155

BELLEVILLE – A group of seven individuals and companies are suing over alleged misappropriation of their money at the hands of an agent of a credit union. Consumer fraud and negligence are among the counts.

Gary Pierce, Trio Properties & Management LLC, Marty Hubbard, Integrated Construction Resources LLC, Amani Investments LLC, Deryl Brown and Mid City Development LLC filed the suit March 22 in St. Clair County Circuit Court against Scott Credit Union and Theodore Longust.

From Nov. 7, 2005 to Dec. 8, 2014, defendant Longust worked at defendant credit union as a Business Relationship Manager, the suit says. While he was required to adhere to strict guidelines, the suit alleges that Longust defrauded through the embezzlement of credit union funds, the creation of fraudulent loans, the payment of loans through application of funds from other loans, the increase of credit limits on loans that did not have board approval, and the issuance of business loans without required documentation.

According to the complaint, the defendants knowingly removed currency from the plaintiffs' accounts without authorization, opened unauthorized lines of credit in plaintiffs' names, denied plaintiffs access to their accounts, and withheld plaintiffs' funds, among other practices.

The plaintiffs seek judgment on all five counts against both defendants in excess of $50,000. They are represented by Grey Chatham Jr. of Chatham & Baricevic in Belleville.

St. Clair County Circuit Court case number 16-L-162

BELLEVILLE – A husband and wife are suing over the husband's alleged exposure to asbestos during his working life; she claims she has been damaged as well. Negligence and conspiracy are two of the counts.

Thomas Bardusk and Norma Bardusk filed the suit March 8 in St. Clair County Circuit Court against Carrier Corporation, The Dow Chemical Company, Foster Wheeler Energy Corporation, and many other named defendants.

The plaintiff was exposed to asbestos fibers emanating from products he worked with and around for many years, according to the complaint. Those products were manufactured, sold, distributed or installed by the defendants, the suit alleges.

The defendants should have known the asbestos fibers had a toxic, poisonous and highly deleterious effect upon the health of those who inhaled them, the suit alleges.

On Oct. 28, 2015, the plaintiff was diagnosed with mesothelioma, an asbestos-related disease, according to the suit.

The plaintiffs seeks judgment of compensatory damages in excess of $50,000 from the defendants for all seven counts against them, court costs and other relief the court deems appropriate.

Norma Bardusk seeks judgment for loss of consortium that has occurred as a result of her husband's disease. She seeks compensatory damages from each defendant in an excess of $50,000 plus court costs and other relief.

They are represented by Ethan A. Flint, Carson C. Meges, Laci M. Whitley, Jill M. Price and Luke P. Pfeifer of the Flint Law Firm LLC in Glen Carbon.

St. Clair County Circuit Court case number 16-L-135

BELLEVILLE – A former mechanic is suing over his alleged exposure to asbestos fibers. Negligence and conspiracy are among the five counts.

Robert Bennett filed the suit March 21 in St. Clair County Circuit Court against American Optical Corporation, Buffalo Air Handling, Hercules Inc., Warren Pumps LLC and many other listed defendants. Singled out is Metropolitan Life Insurance Co.

At many times during the course of the plaintiff's work, he allegedly was exposed to and inhaled, ingested or absorbed larges amounts of asbestos fibers emanating from certain products. Those products were manufactured, sold, distributed or installed by the defendants, the suit alleges.

The conspiracy count in this suit relates to defendant Metropolitan Life, which allegedly knew about the dangers of asbestos decades ago. The defendant squelched the research, according to the complaint.

The plaintiff discovered on Sept. 25, 2015 that he had developed lung cancer, an asbestos-induced disease, the suit says.

The plaintiff seeks compensatory damages in an amount to be proven in trial but believed to exceed $50,000, punitive damages to deter similarly situated parties from committing similar acts in the future and other relief the court deems appropriate. He is represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 16-L-152

To the Editor:

Illinois has its share of problems, as all states do, but so-called “lawsuit abuse” is not one of them. Upending the state’s civil justice systems to bolster the profits of big business and the insurance industry will not aid in balancing the state budget or help grow the Illinois economy. It only will shift the burden of caring for the injured from the companies that caused the harm onto the taxpayers – both individuals and other businesses.

I-LAW, the organizer of today’s (April 6) Capitol rally is a front group for wealthy special interests and massive corporations committed to minimizing the chance they might ever be held accountable for negligent or willful actions that harm or kill innocent people. The group specializes in sowing confusion and demonizing our civil justice system on behalf of its generous benefactors.

Today’s event should be recognized for what it is: a deplorable call to strip middle and lower-income Illinoisans of their constitutional right to access the courts their tax dollars fund. The organization’s goal is to distort public understanding of our courts and scare citizens into giving up their constitutional right to hold dangerous drivers, polluters, careless professionals, and companies that cut corners responsible for the damages they cause to others.

Eroding the constitutional rights of citizens to access our civil justice system would send the message that it is mainly for the use of corporate actors and the wealthy, rather than something that belongs to everyone, regardless of their means. The first, logical step towards fixing our state’s economy should be for legislators and the governor to enact a budget – not erode fundamental rights of individuals.

Civil Lawsuit Filings Are Down

More than 60 percent of court actions in Illinois are initiated by businesses suing other businesses or individuals for money. Since 2010, the number of all civil cases in Illinois courts is down 33 percent. As for medical malpractice cases, the number filed in Illinois has steadily declined for more than a decade; it’s fallen nearly 40 percent since 2003.

Trial lawyers fight to ensure all citizens get equal footing in the courtroom, even when taking on the most powerful interests. We see to it that those who harm consumers, other individuals, or even their own employees, are held accountable. The efforts of our clients to face down corporations, insurance companies, health care providers, and other entities – and speak in the only terms they understand, which are financial – play an important role in promoting and incentivizing product, consumer and worker safety.

I-LAW donors don’t truly fear so-called frivolous lawsuits precisely because they know our justice system filters out cases without merit. What they fear are meritorious lawsuits – actions brought by citizens against those putting others’ children or loved ones at risk of injury or death. The real “judicial hellhole” is the one that I-LAW wishes to create: a court system that strips away the hard-won rights of ordinary citizens and precludes any chance for them to achieve fair treatment and justice from the courts.

The myth that Illinois’ legal climate is an impediment to business

Illinois offers a “healthy economy, major industries and high quality of life to residents and business,” according to “Illinois: The State of Innovation,” a digital magazine published last year by Gov. Bruce Rauner’s Department of Commerce and Economic Opportunity. Among the highlights, according to that report: “Illinois has developed a thriving $720.7 billion economy and is a leader in industries such as clean energy, information technology, life sciences, advanced manufacturing and financial services.”

DCEO’s own homepage is packed with positive headlines about this state’s business climate and workforce.

For the third year in a row, Site Selection magazine this spring named Chicago the top metro area in the country. In the same study, Illinois ranked third nationwide in the number of capital investment projects in 2015 and fourth in the number of projects per capita – well ahead, in both categories, of Indiana and Wisconsin. This would hardly be the case if Illinois actually were the so-called “Land of Lawsuits.”

And in January, a study by the National Federation of Independent Business put “taxes and regulations and red tape” and “difficulty of finding qualified workers” as the top issues facing small businesses. In fact, the word “lawsuit” does not even appear in its report; a previous NFIB survey ranked the threat of a lawsuit as 71st on a list of the 75 chief concerns for its members.

Today, Illinois’ pension crisis and lack of state budget are of far greater significance for businesses looking to locate or expand here. The University of Illinois Flash Index, a weighted average of Illinois growth rates in corporate earnings, consumer spending and personal income, recently pointed to the “political showdown over the budget” as a factor that could be harming the Illinois economy. It also has noted the state’s “slowdown is consistent with data showing a national slowing economy.”

Perry J. Browder, President
Illinois Trial Lawyers Association

EDWARDSVILLE – A customer at a used vehicle dealership is suing over alleged warranty and repair issues, plus a dispute over possession of the truck.

Shawn D. Mahler filed the suit March 28 in Madison County Circuit Court against Insta-Credit Auto Mart Inc., doing business as InstaCredit Automart, and Universal Credit Acceptance Inc.

On Nov. 13, 2014, Mahler claims he purchased a pickup trick from InstaCredit with a limited warranty saying the defendant would repair the truck if needed in the first 12 months or 12,000 miles, the suit alleges.

The truck's heater stopped working, so Mahler allegedly returned to the defendant 10 times with no success at getting it fixed, according to the complaint.

Near the end of the warranty term, the suit alleges, the defendant informed the plaintiff that the heater could not be repaired without replacing the truck's engine and the plaintiff would have to pay half of the repair cost. Mahler refused.

Some time following the sale of the truck, InstaCredit assigned its interest to Universal and Mahler received a notice from Universal dated Dec. 19, 2015, telling him the truck had been repossessed while it was at the repair facility, according to the suit.

Even though he has repeatedly demanded the truck be repaired or that the defendant return the truck so he can have it repaired, the defendant has refused, according to the complaint. At the time the lawsuit was filed, Universal still possessed the truck, the suit states.

The plaintiff alleges counts of breach of express warranty, breach of implied warranty, consumer fraud and deceptive business practices and conversion.

The plaintiff seeks a court order that the defendant Universal immediately return the truck to him or to pay the plaintiff a replacement amount that is fair and reasonable, plus court costs, attorney fees, and pre- and post-judgment interest. He is represented by Christopher A. Thornton of C.A. Thornton LLC in St. Louis.

Madison County Circuit Court case number 16-L-408

Legal reform supporters gathered in Springfield today to lobby legislators in support of Gov. Bruce Rauner's proposal to stop "venue shopping."

Illinois Lawsuit Abuse Watch (I-LAW) organized the “Rally for Lawsuit Reform” event, which was attended by small business owners and "concerned citizens," according to the group's executive director Travis Akin.

He said the event began with a meeting with Rauner to tell him personally why supporters were behind his proposed lawsuit reforms and "to encourage him to keep fighting for these reforms in the face of intense opposition from the personal injury lawyers’ lobby."

As part of his Turnaround Agenda, Rauner has proposed venue reform that would put an end to a practice employed by attorneys who file suit in perceived "friendly" courts on behalf of clients with injuries that have no connection to the jurisdiction.

Akin said that he was joined by other lawsuit reform supporters and members of the General Assembly at a press conference following the rally.

John Pastuovic, president of the Illinois Civil Justice League (ICJL), pointed to a study conducted by the ICJL that shows how significantly Madison County is targeted with personal injury claims.

Its report, titled “Litigation Imbalance III,” shows lawsuit filings in Madison County average 8.255 per thousand persons, which is double the rate of Cook County; triple the rate of St. Clair County; and six and a half times the rate of the other 99 counties in Illinois combined.

The reason for Madison County's high per capita lawsuit filings is due to the court's asbestos docket - the busiest asbestos court in the country. Madison County handles more than one-third of all asbestos-related cases filed in the entire United States each year, and last year, less than one half of 1 percent of the asbestos lawsuits in Madison County were filed on behalf of Madison County residents.

In the press release, Pastuovic stated that job creation is the solution "for nearly every other major issue facing Illinois today."

“Unfortunately, the data detailed in our study, as well as the findings in other national studies, have made small, medium and large companies justifiably gun shy about our state," he stated. "Businesses cannot and will not reinvest in Illinois until these established, deep-rooted and documented problems are addressed once and for all.”

Before today's lawsuit reform rally took place, the Illinois Trial Lawyers Association issued a release blasting I-LAW for "sowing confusion and demonizing our civil justice system."

"Today’s event should be recognized for what it is: a deplorable call to strip middle and lower-income Illinoisans of their constitutional right to access the courts their tax dollars fund," wrote ITLA president Perry Browder. "The organization’s goal is to distort public understanding of our courts and scare citizens into giving up their constitutional right to hold dangerous drivers, polluters, careless professionals, and companies that cut corners responsible for the damages they cause to others."

Browder, an asbestos attorney and partner at the Simmons firm of Alton, said the state of Illinois "has its share of problems, as all states do, but so-called 'lawsuit abuse' is not one of them." His full commentary can be read here.

One of the nation's most outspoken tort reform advocates, Sherman Joyce, president of the American Tort Reform Association, was quoted in the I-LAW press release saying that other states have used common sense lawsuit reforms as a way to attract jobs to their states.

“Look at what is going on in Wisconsin, Ohio and even West Virginia,” Joyce stated. “They are creating jobs, shoring up budget deficits and getting their finances in order. It all started with lawsuit reforms. The record is clear: common sense lawsuit reforms create jobs. Illinois has an unfortunate national reputation as a state that creates lawsuits, which is clearly driving away employers and keeping new ones from moving to Illinois.”

State Rep. Dwight Kay (R-Glen Carbon) also commented on the value of creating a fair legal climate in order to attract businesses to the state.

“The reality is companies look to move to states where the legal climate is fair, which is why Illinois’ status as the lawsuit abuse capital of the midwest is making it extremely difficult to attract new employers" Kay stated. "Even worse, Illinois is actually losing jobs, as companies move across our borders to states such Wisconsin that have recently passed common sense lawsuit."

EDWARDSVILLE – The mother of two minor children is suing over their alleged exposure to carbon monoxide gas while attending a birthday party.

Chessie M. Brame, mother and next friend of Eleanor Brame and Lincoln Brame, filed the suit March 29 in Madison County Circuit Court against III Properties Inc., doing business as Super 8 Motel of Pontoon Beach.

On Jan. 30, both children and other family members were guests at a birthday party on the defendant's premises, the suit alleges. While there, the plaintiffs allegedly became nauseated, sick and unconscious due to high levels of carbon monoxide and other toxic gases.

Brame alleges she incurred medical bills for the treatment of her children, and has suffered and will continue to suffer pain and anguish and loss of a normal life, the suit says.

The plaintiff seeks a judgment in excess of $50,000 for both of her children, plus court costs and other relief the court may deem appropriate. She is represented by David W. Dugan of David W. Dugan PC in East Alton.

Madison County Circuit Court case number 16-L-410

The Fifth District Appellate Court has sided with a Granite City police dog, whose search and rescue efforts entangled him in a Madison County personal injury suit.

Justices reversed Circuit Judge Barbara Crowder who last year denied the city's motion to dismiss a lawsuit brought by Rynette Benton on behalf of Genevieve K. Southward. The appellate court remanded with an order to dismiss with prejudice.

The 2014 lawsuit involved Granite City K-9 specialist "AM" who was blamed for biting Southward, who suffered from Alzheimer's and dementia, according to court records. Southward was reported missing from an assisted living facility in September 2013, and Granite City police responded with a search.

Southward claimed that AM attacked and bit her in the arm without provocation during the search, while she was "peaceably conducting herself next to a public roadway."

In its motion to dismiss, Granite City, represented by the Evans Blasi firm of Granite City, argued that the Tort Immunity Act provided immunity under section 16 of the Animal Control Act.

In response, plaintiff Benton, represented by the Unsell Schuman firm in East Alton, moved for partial summary judgment arguing that section 16 of the Animal Control Act is a strict liability statute. Her lawyers argued that by filing a motion to dismiss under section 2-619 of the Code of Civil Procedure, Granite City had admitted allegations in the complaint, including the fact that it owned the dog and the dog bit Genevieve, which entitled the plaintiff to a judgment on liability as a matter of law.

Crowder denied both motions in August 2014. She ruled that Granite City was not immune from liability because section 16 of the ACA is a strict liability statute; she also found plaintiff's partial summary judgment motion premature.

Granite City moved to certify questions for the Fifth District. Crowder certified: (1) Does section 4-102 of the Tort Immunity Act

provide immunity for claims brought under section 16 of the Animal Control Act? (2) Is section 16 of the Animal Control Act a strict liability statute?

Justice Randy Moore wrote the opinion published March 4, holding that the Tort Immunity Act provided Granite City immunity. Justices Melissa Chapman and Judy Cates concurred.

"To hold a city police department liable based on its discernment of how to conduct a search and rescue mission, and especially one that is successful in locating an individual as in this case, would be wholly inconsistent with the strong public policy underlying section 4-102 of the Tort Immunity Act," Moore wrote. "Such a holding would also have a deterring effect on police departments' use of police dogs on these often life-saving search and rescue missions."

The court did not address the second certified question on strict liability because "we find that our answer to the first certified question resolves the issues that were before the circuit court when it ruled on Granite City's motion to dismiss and will effectively terminate the litigation between the plaintiff and Granite City."

BENTON – Car parts at the heart of a wrongful death suit filed in federal court have vanished, according to Hyundai Motor Co.

Belleville attorney Tom Keefe serves as local counsel.

On March 23, Hyundai counsel Todd Stanton wrote that seat belt components and air bags were no longer with a Hyundai Accent that rolled over in Colorado.

“All of these components were present in the Hyundai Accent when it was photographed by law enforcement officers and emergency responders shortly after the crash,” he wrote.

Stanton wrote that on March 17, a Colorado trooper confirmed that Colorado State Patrol was not in possession of any components.

For this reason and others, he asked District Judge Phil Gilbert to transfer the suit to federal court in Colorado.

“Colorado has a stronger relationship to the dispute than Illinois because Colorado is where the accident and injuries occurred.”

Keefe sued Hyundai last August on behalf of Janet Schwaninger, administrator of the estate of granddaughter Elizabeth Schaaf.

The suit claims the air bags were inadequate and the seat belts “permitted unreasonable and excessive excursion of occupants in rollover accidents.”

It identifies driver Noah Tingberg as an Illinois resident.

For seven months, Hyundai did not challenge Illinois jurisdiction.

Stanton’s new motion pleads that, “sufficient information is known to conclude that Colorado is the more appropriate and convenient forum for this action.”

He wrote that two eyewitnesses live and work in Colorado, and that Schwaninger provided her own address for Tingberg.

“Mr. Tingberg may also have a Colorado address, as reflected in other documentation collected in the investigation of this case,” Stanton wrote.

“Further, Ms. Schaaf’s mother and stepfather, who it is anticipated likely will be key damages witnesses, reside in Colorado.”

He wrote that law enforcement officers, emergency responders and coroner’s personnel, would prefer a venue closer to home.

“These witnesses’ testimony will be critical in establishing how the crash occurred, what forces acted upon the subject Hyundai Accent and its components, what injuries the occupants sustained, and how those injuries occurred,” Stanton wrote.

He wrote that the chain of custody recently became significant.

“Specifically, the front passenger seat belt webbing and front passenger seat belt latch plate are no longer with the vehicle,” he wrote.

“Further, both the passenger and driver side curtain air bags appear to have been cut out and removed from the vehicle.

“Given the unknown whereabouts of these components, it is believed that additional Colorado based witnesses may have knowledge and information important to this issue.”

He wrote that a state patrol officer accompanied someone to obtain personal belongings from the Accent.

“The signature of the person collecting the property is illegible,” he wrote.

He wrote that multiple towing companies in Colorado transported the vehicle, and that it was kept in at least one storage facility in Colorado.

Stanton practices in Rock Hill, Mo.

BELLEVILLE – A driver is suing over allegations that he was injured in a rear-end collision.

Dwayne Ewing filed the suit March 24 in St. Clair County Circuit Court against Wade Elkins.

According to the complaint, on Jan. 25, Ewing was driving his vehicle northbound on Old Collinsville Road in Fairview Heights while Elkins was also traveling northbound and struck the rear of the plaintiff's vehicle.

Ewing claims the collision was the result of the defendant's negligence for failing to keep a proper lookout, driving his vehicle in such a manner as to strike the plaintiff's vehicle, failing to properly apply the brakes, speeding and following the plaintiff's vehicle more closely than was reasonable.

As a result, Ewing claims he received injuries to his neck, shoulders and back; has spent money on necessary medical bills, has suffered disability; has experienced pain and suffering; and has incurred loss of wages and an impairment of future earning capacity, the suit says.

The plaintiff seeks a judgment of an excess of $50,000 plus court costs. He is represented by Thomas C. Rich, Kristina D. Cooksey and Michelle M. Rich of Thomas C. Rich PC in Fairview Heights.

St. Clair County Circuit Court case number 16-L-167

BELLEVILLE – A driver is suing both the owner and driver of a truck after she allegedly was injured in a collision. Negligent hiring and training are among the counts.

Denise Deckert filed the suit March 24 in St. Clair County Circuit Court against Justin Lisson and Ferguson Roofing Company Inc.

The suit says the plaintiff is a resident of Missouri; the defendant company is a Missouri corporation doing business in Illinois; and defendant Lisson works for defendant company and is a resident of Illinois.

On May 31, 2014, the plaintiff was driving her vehicle northbound on Highway 159 in Glen Carbon, the suit says, adding that she had come to a stop due to traffic and another vehicle slowed to a stop behind her.

Defendant Lisson was operating a truck while working for defendant company behind both vehicles when he allegedly struck the vehicle stopped behind the plaintiff's vehicle, causing it to strike the plaintiff's vehicle.

Following the collision, the defendant driver was charged with driving too fast for conditions and failure to reduce speed to avoid an accident, the suit says.

At the time of the accident, according to the complaint, the defendant company was not registered with the Federal Motor Carrier Safety Administration as an interstate commercial motor carrier and did not have operating authority within the state of Missouri or the state of Illinois.

The plaintiff brings seven counts against the defendants for the injuries their actions allegedly caused her. She seeks in excess of $50,000 for each count, punitive damages and other relief the court deems just and proper. She is represented by Shaun M. Lieser of the Lieser Law Firm LLC in St. Louis.

St. Clair County Circuit Court case number 16-L-170

BELLEVILLE – A bicyclist is suing over injuries he claims to have suffered when a vehicle struck him.

Ronald Awsumb filed the suit March 24 in St. Clair County Circuit Court against David Young.

On May 1, 2014, the plaintiff was cycling on Lincoln Trail at its intersection with Lanaghan in Fairview Heights when Young allegedly made a left-hand turn and struck him, the suit alleges.

Awsumb claims Young negligently failed to keep a proper lookout for pedestrians, failed to properly brake, failed to decrease his speed when approaching and crossing an intersection, failed to exercise due care to avoid striking the plaintiff and failed to give the proper warning of sounding his horn.

The plaintiff allegedly suffered injuries to his neck, low back and shoulders, has spent money for necessary medical care, has suffered disability, has lost wages and his future earning capacity will be affected, the suit says.

Young seeks judgment against the defendant in excess of $50,000 plus court costs. He is represented by Lloyd M. Cueto of the Law Office of Lloyd M. Cueto in Belleville.

St. Clair County Circuit Court case number 16-L-168

BELLEVILLE – A motorist is suing another driver over injuries that were allegedly sustained in the course of an automobile accident. He is citing negligence.

Bruce Radford St. filed the suit March 24 in St. Clair County Circuit Court against Cadiz James.

On Feb. 10, the plaintiff was driving westbound on North Belt West in St. Clair County while the defendant was driving along the same roadway in the same direction, according to the suit, which claims the vehicle driven by the defendant then struck the rear of the plaintiff's vehicle.

The acts of negligence committed by the defendant, according to the complaint, are failing to keep a proper lookout, driving the vehicle in such a manner as to cause an accident, failing to brake properly, speeding and following too closely.

The alleged negligence resulted in injuries to the plaintiff including to his head, neck, back and shoulders; money spent on medical care; pain and suffering; and lost wages, the suit says.

The plaintiff seeks an award in excess of $50,000 plus court costs. He is represented by Thomas C. Rich, Kristina D. Cooksey and Michelle M. Rich of Thomas C. Rich PC in Fairview Heights.

St. Clair County Circuit Court case number 16-L-166

Madison County Treasurer Kurt Prenzler is trying to collect 17,000 signatures by May 1 in order to get this question before voters in November:

"Shall the maximum tax rate for general county purposes of Madison County, Illinois, be established at 0.20 percent of the equalized assessed value of the taxable property therein instead of 0.25 percent, the maximum rate otherwise applicable to the next taxes to be extended?"

If the referendum were to be approved, $9.3 million would be the maximum amount raised for the county’s coffer based on current data. As a result, the highest tax allowable on a single family home valued at $100,000 would drop from $83.33 to $66.67, according to the petition.

But a Madison County official is encouraging taxpayers to get all the facts before signing a petition seeking a binding referendum on permanently reducing property taxes.

“I’m never opposed to lowering taxes,” Madison County Sheriff John Lakin told the Record. “What I am opposed to is people making a decision without knowing what impact that decision may have.”

Prenzler has said he is seeking the reduction because the county board has a history of levying more taxes than are needed.

The sheriff, however, said the move could have a negative impact on public safety because a large portion of the sheriff’s department salaries, as well as salaries for the state’s attorney’s office and probation are funded through the county’s general fund.

“I’ve been told that if property taxes are reduced as proposed, my budget would decrease by $600,000,” Lakin said.

That likely would result in layoffs, starting at the jail, he said.The Madison County Jail was built to hold a maximum of 306 inmates. Currently, the daily average is 299, Lakin said, adding that if he has to reduce staff he also would have to come up with a way to reduce the jail population.

“I’m not trying to get into a battle with these people behind the petition, but I was elected to look out for this organization. I was elected to look out for the people living in the unincorporated rural areas of Madison County and to run the jail. This referendum will affect them and my ability to serve them,” Lakin said.

On April 6, Lakin joined State’s Attorney Tom Gibbons to brief local law enforcement leaders on what they deemed “dire consequences” the initiative would have on public safety. In addition to the projected loss of $600,000 to the sheriff’s department, the state’s attorney’s office stands to lose $200,000, according a news release issued by Lakin and Gibbons.

Gibbons and Lakin contend that the numbers promoted by the petitioners do not add up. They allege citizens are being misled on the amount of money that will be saved and the true consequences if passed.

In addition to the meeting with deputies, the sheriff is using a social media site to voice his opposition.

“Together, your Sheriff, State’s Attorney, local Police Chiefs and local residents are calling on citizens to Protect local law enforcement– Do not sign the petition,” an April 7 posting said.

Those interested in signing the petition, can go to McDonald's locations on Saturday, April 9 from 9 to 10 a.m.:

-Bethalto
-Granite City (Nameoki and Johnson Road), and
-Troy

Some state lawmakers on both sides of the aisle seem open to at least a few of the reform ideas recently proposed by an Illinois think tank to help reduce higher education costs and make colleges and universities more affordable to students in the state.

The state’s university systems and community colleges have had to slash budgets and reduce class offerings since last summer’s state budget impasse began. In turn, the Illinois Policy Institute has issued a call for structural reforms, including a freeze and an eventual reduction in tuition costs, cuts in administrative personnel and their perks, and efforts to steer employees in higher education into less costly 401K-type retirement plans.

Both Republicans and Democrats also agree that the loss of the Monetary Award Program (MAP) grants for Illinois college students has been especially disruptive to the higher education system.

“The lack of MAP grants are killing all the colleges,” Rep. Charlie Meier (R-Okawville) told the Madison County Record.

The MAP program in the previous budget funded nearly 8,000 grants for Southern Illinois University Edwardsville, amounting to $30.3 million; McKendree University received 707 grants for a total of $2.8 million; Lewis and Clark Community College, 539 grants totaling $527,104; and Southwestern Illinois College, 1,402 grants for a total of $1.1 million.

Republicans have argued for a dedicated funding stream for higher education and generally reject the idea of having to borrow from the following year’s budget to pay for current programs.

Sen. Bill Haine (D-Alton) said he supports exploring options for tuition stability for college and university students, but he said in recent years, the main upward push on tuition has been the drop in state support for universities.

“As the state has cut higher education, the campuses have largely turned to students to make up the difference,” Haine stated in an email to the Record.

Meier said he wasn’t sure if the state could afford a freeze on tuition costs, but he expressed openness to the idea of having new employees in the higher education systems moved into 401K plans rather than the current pension system.

“We must keep our promises to current employees but look at what we can do differently from this day forward,” the Republican lawmaker said.

Haine agreed that such a transition toward a 401K plan would have to apply only to new employees.

“I’d be interested in seeing an analysis of what the start-up costs would be for switching to a different system,” he said.

Haine also said that the issue of higher education administrative salaries and perks had been examined by an Illinois Senate investigative subcommittee last year.

“The subsequent report continues to drive reforms that I have supported,” he said.

Meier pointed to excessive pensions that are now being paid to those who have retired from the higher education systems in Illinois.

According to a study conducted by Taxpayers United of America, the 25 highest-paid pensioners in the State Universities Retirement System are receiving between $190,000 and $570,000 annually.

“Everything is falling in around us, and we have to change,” Meier said. “We need to be actively working on a budget. It’s taken 33 years to get to this point.”

Though he hopes that legislators and the governor can reach a compromise soon, Meier is not overly optimistic, arguing that Speaker Michael Madigan (D-Chicago) does not seem to be interested in straightening things out.

Haine expressed an upbeat attitude about the prospects for compromise.

“I remain optimistic that other lawmakers and Gov. (Bruce) Rauner will realize how crucial higher education is to our state’s economy and that we will find common ground in the near future.”

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