BELLEVILLE — A man is suing Nicholas Hilpipre, M.D., claiming the doctor negligently failed to inform an emergency department or emergency department physician that the plaintiff might have had an injury to his spinal cord and/or longitudinal ligament.

Gerald Rolfe filed a complaint on May 23 in St. Clair County Circuit Court against Hilpipre, alleging that the physician failed to properly advise the others of potential injuries.

According to the complaint, the plaintiff alleges that, on Nov. 17, 2014, he sustained permanent physical injuries to his body including significant paralysis. The plaintiff holds Hilpipre responsible because of the alleged failure to inform.

The plaintiff seeks judgment against the defendant in an amount in excess of $75,000 plus court costs. He is represented by Thomas Q. Keefe, III of Keefe, Keefe & Unsell, P.C. in Belleville.

St. Clair County Circuit Court case number 16L275

EDWARDSVILLE — A man is suing Ray Herrin Corp., doing business as The Corner Bar, Ray Herrin Corp., doing business as R&L Sports Bar, and Kenneth and Lori Herrin, bar operators, citing alleged unlawful sale of liquor to an intoxicated person.

Clifford Mathis filed a complaint on June 1 in Madison County Circuit Court against the defendants, alleging that they allegedly sold liquor to Scott J. Kirsch.

According to the complaint, the plaintiff alleges that, on June 9, 2015, while he was attempting to cross Haller Street near its intersection with Lorena in Wood River, he was struck by a motor vehicle being driven by Scott Kirsch, causing him injuries to his leg, neck and head. The plaintiff holds the defendants responsible because prior to the incident, the defendants through their employees or agents allegedly gave or sold intoxicating liquors to Kirsch, which caused him to become intoxicated.

The plaintiff requests a trial by jury and seeks judgment against each defendant for a sum in excess of $50,000, plus costs of this suit. He is represented by Samuel A. Mormino, Jr. of Mormino, Velloff & Snider PC in Alton.

Madison County Circuit Court case number 16L752

EDWARDSVILLE — An equipment and transport provider is suing ConocoPhillips Company, a retail electric supplier, citing alleged breach of contract and failure to pay for completed work.

Evergreen Tank Solutions Inc. filed a complaint on June 1 in Madison County Circuit Court against ConocoPhillips Company alleging that the retail electric supplier allegedly failed to comply with a scope of work and compensation agreement.

According to the complaint, the plaintiff alleges that for several months in 2014, it did not receive agreed-upon payments for services provided to the defendant, including storage of equipment, transportation services, cleaning of equipment leased and demobilization performed. It has been damaged in the amount of $526,653.72, the amount remaining due under the agreement, the suit says. The plaintiff holds the defendant responsible because the defendant allegedly failed and refused to pay the plaintiff's July, September, October and December 2014 invoices.

The plaintiff requests a trial by jury and seeks judgment in its favor and against the defendant in the amount of $526,653.72, reasonable attorneys' fees and costs, prejudgement interest and for such other and further relief as the court deems just and proper. It is represented by Donald K. Shoemaker and Cherie Macdonald of Greensfelder, Hemker & Gale PC in Swansea.

Madison County Circuit Court case number 16L753

SPRINGFIELD – Any Illinois judge would copy St. Clair County judges choosing election over retention if courts allow the choice, lawyer Aaron Weishaar of St. Louis argued at the Fourth District appellate court on June 7. 

“Who wouldn’t?” Weishaar said. “Judges up and down the state are running for retention right now. 

“That could drastically change if we allow these judges to choose between retention and election.” 

Weishaar represents Belleville city clerk Dallas Cook, who objects to the ballot status of Chief Judge John Baricevic and circuit judges Robert Haida and Robert LeChien. 

Cook claims the state Constitution provides partisan election for a judge’s first term and non partisan retention requiring 60 percent approval for further terms. 

Baricevic, Haida and LeChien announced their resignations last year, effective this December, and declared they would run in the Democrat primary this March. 

No judge exercised the option until 2006, when St. Clair County circuit judge Lloyd Cueto resigned, won the primary election, and won the general election. He resigned for the final time after that term expired in 2012. 

No judge exercised the option again until Baricevic, Haida and LeChien did. 

Cook filed objections at the state election board, where hearing examiner David Herman of Springfield recommended denial of the objections. 

At a board meeting in January, four Democrats voted in favor of the judges and four Republicans voted in favor of Cook. 

The tie counted as victory for Baricevic, Haida and LeChien, because the board could not reject Herman’s recommendation without a majority. 

Cook appealed to Sangamon County circuit court, where associate judge Esteban Sanchez affirmed Herman’s recommendation in February. 

Cook appealed to Fourth District judges, who expedited the proceedings. 

Baricevic, Haida and LeChien remained on the primary ballot and won. 

To hear oral argument at the Fourth District, the court assigned Justices Thomas Harris, John Turner and Lisa Holder Wise. 

Weishaar told them the constitutional convention of 1970 adopted retention to strengthen the judiciary. 

Some delegates wanted more than 60 percent for retention, he said. Delegates argued that partisanship in judicial elections creates a dangerous situation. 

For Baricevic, Haida and LeChien, Michael Kasper of Chicago said the Constitution allows a “person eligible” to run for judge. 

Kasper said the Constitution defines a person eligible as a citizen of the United States and a resident of Illinois, with a law license. 

“There is no dispute,” Kasper said. “They meet these requirements.” 

He said they had a constitutional right to the primary ballot, and compared the choice between retention and election to a child’s choice between an apple for going to school and a cookie for doing well on a test. 

“You may have the apple or you may have the cookie,” he said. 

“Judges are politicians under our Constitution.” 

Appointed circuit judges run for circuit judge all the time, he said, and his client judges have given voters more democracy, not less. 

“The voters get more choices,” he said. “They get two whacks at the candidate rather than one.” 

He said it was the first time this came up in 45 years. 

On rebuttal, Weishaar said, “It hasn’t come up in 45 years but it’s bound to happen now. It’s happened three times in this situation.” 

“Just because judge Cueto did it doesn’t make it right,” he said.

Legal fees

On Monday, the St. Clair County Republican women’s organization presented a $5,000 donation for legal fees incurred by Cook. 

Cook said that before Tuesday’s hearing in Springfield his legal bill stood at $65,000. 

“I’m a man of meager means,” he said. 

While the legal battle has been a financial strain, he said he was “proud” to “take the risk for people to be represented.” 

“Somebody needed to do it,” he said.

The group Citizens for Honest Judges, which partnered with the county Republican women’s organization in raising funds for Cook, staged a check presentation outside the courthouse on Monday. 

Mary Thurman, director of the citizens group, said the judges have “taken advantage of voter innocence.” 

In a press release, she further stated that if Cook’s challenge had not been made, “these judges would have got away with trying to make new laws to benefit themselves. They are all three lawyers and, of all people, they knew how much a lawsuit would cost to stop them. The Women’s Club has really made a difference because they believe it is a just cause.” 

Travis Akin, executive director of Illinois Lawsuit Abuse Watch, said the outcome of the case against the judges’ ballot access will have far-reaching impact. 

He said the idea the idea of judges resigning their own positions to run for election rather than retention is ‘outrageous.” 

“Judges should be held to a higher standard of ethics and fairness, but these three judges think they can circumvent election law and common sense standards to keep their jobs,” he stated.

Ann Maher contributed to this report.

In a split 2-1 decision, a Madison County electoral board ruled Tuesday that it would review all 9,900 signatures on petitions seeking to place a property tax reduction referendum on the November ballot.

Over the objections of Edwardsville attorney Don Weber, the specially convened board found that it would do a "full binder check" of all the signatures beginning today at 8:30 a.m. in the County Clerk's office.

Weber, who represents parties seeking to get the so-called "blue collar property tax cut" referendum to voters, said that a full binder check was unfair because those who oppose the measure have effectively conceded that 7,000 of the signatures are valid.

"The only ones in controversy are the ones they put in controversy," Weber said, indicating that number was approximately 2,500.

Weber also objected to the short notice given for the review - less than 24 hours - and said that those who will be checking signatures - county clerk employees - may be biased against the validity of the signatures because of their membership in AFSCME, which is opposed to the referendum.

The three member board was created to rule on objections to the validity of nearly a third of the petitions' signatures. Ultimately, it will decide whether the referendum goes to voters or whether it fails to get on the ballot. 

Panel members include Madison County Clerk Debra Ming-Mendoza, by statute, and two members who were appointed by Chief Judge Dave Hylla - former associate judge James Hackett and former assistant state's attorney Stephanie Robbins.

Ming-Mendoza and Robbins are Democrats, and Hackett, who voted against the full binder check, is Republican.

The battle over whether voters get to decide to cut their property tax levy by 20 percent is partisan, stemming from an effort led in part by county Treasurer Kurt Prenzler, a Republican, who along with his allies, collected approximately 2,000 signatures more than necessary to get the measure on the ballot.

The petitioners say that for years, the county has over-taxed property owners between $3 and $4 million per year, and as a result the county has a $144 million surplus. They say that there will not be a decrease in funding for law enforcement, as suggested by county Democratic office holders, including Board chairman Alan Dunstan, State’s Attorney Tom Gibbons and Sheriff John Lakin.

Lakin has said his department would lose $600,000 in funding; Gibbons has said his office would lose $200,000.

Prenzler is challenging long-time county government head Dunstan for Madison County chairmanship in the November election.

At Tuesday's hearing, Robbins expressed support for the full binder check, saying, "Let's find out what we have."

She told Weber at the outset that the side he represents enjoys a presumption that the petitions are valid.

"The objectors have the burden of proof," she said.

The board also ruled unanimously that discovery will not be granted to Weber's legal team, saying that election code does not allow parties involved in a ballot access challenge to conduct discovery.

Weber, who said he disagrees with the board's interpretation of election code pertaining discovery, had wanted to find out the motives and bias of those seeking to derail the referendum.

He said he wanted to know what standards and expertise were used to determine that 2,500 signatures gathered were not valid.

He argues in court papers that not allowing such inquiry violates his clients' due process rights.

"The checkers are impermissibly biased against the Blue Collar Tax Cut Petition by virtue of their membership in the AFSCME Union," he wrote. "The Board is using county employees to check the signatures, all of whom are members of the AFSCME Union."

The objectors are Bennett Dickmann, a former police officer, police chief and city administrator, and Richard Gillespie. They are represented by Granite City attorney William Schooley.

Attorney Stephen Wigginton, who represents the electoral board, said that after a signature binder check report is prepared, either side can file exceptions.

The board meets next on June 16.

Schooley's side is required to provide Weber's side with a witness and exhibit list by June 14. Weber must provide his list to Schooley on June 15.

Schooley said that Belleville attorney Garrett Hoerner would be entering an appearance as objectors' co-counsel.

EAST ST. LOUIS — A former production supervisor is suing Quality Packaging Services Inc. and company officers Heather Creek, Chris Ziacola and Tamara Powell, citing alleged disability discrimination, retaliation, and wrongful termination.

Patricia A. Warmack filed a complaint on May 27 in U.S. District Court for the Southern District of Illinois against the defendants, alleging that they allegedly discriminated against her for exercising her rights.

According to the complaint, the plaintiff alleges that she was discriminated against and terminated from employment, causing her to suffer loss of income and benefits, emotional distress and humiliation. The plaintiff holds the defendants responsible because the defendants allegedly made it difficult for him to get proper medical treatment, denied reasonable accommodations, intentionally withheld policy changes so that they could catch her violating company policies and discharged her on November 11, 2014 for exercising her rights.

The plaintiff requests a trial by jury and seeks judgment in her favor and against the defendants for compensatory damages, attorneys' fees, costs and any injunctive relief the court deems just and proper. She is represented by Emily J. Johnson of Hunter & Johnson PC in Godfrey.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00587

BELLEVILLE — An East St. Louis resident is suing Wexford Health Sources Inc. and Dr. Francis Kayira, medical care providers, alleging wrongful death.

Jamon Company, individually and as special administrator of the estate of Derris Company, deceased, filed a complaint on May 19 in the St. Clair County Circuit Court against the defendants, alleging that they administered Lisinopril to Derris Company without checking if he had an allergic reaction the drug.

According to the complaint, the plaintiff alleges that, on May 21, 2015, Derris Company was given Lisinopril, spurring an allergic reaction that ultimately resulted in his death. The plaintiff holds the defendants responsible because they allegedly failed to diagnose that Derris Company had an allergic reaction to Lisinopril and also allegedly failed to provide proper medical attention to Derris Company when he was showing signs of severe allergic reaction to the medicine.

The plaintiff seeks judgment against the defendants in an amount in excess of $50,000. He is represented by Bob L. Perica and Tess M. Perica of The Perica Law Firm, P.C. in Wood River.

St. Clair County Circuit Court case number 16-L-271

EDWARDSVILLE — A man is suing Aaron Rogers, a pickup driver, alleging negligence and insufficient measures taken to prevent injuries.

Stephen Stovey filed a complaint on June 6 in the Madison County Circuit Court against Rogers, alleging that the pickup driver failed to keep his vehicle under control.

According to the complaint, the plaintiff alleges that, on September 15, 2014, he was driving a 2004 Mercedes Benz ML500, stopped in traffic eastbound on U.S. 40 approximately 100 feet of its intersection with Industrial Drive in Troy, when suddenly the defendant's vehicle hit the rear of his vehicle, pushing it forward into the rear of the vehicle in front of him, causing him severe injury and property damage. Because of the injuries, he has had severe pain, loss of normal life and loss of income, and has incurred hospital and medical expenses, the suit says. The plaintiff holds Aaron Rogers responsible because the defendant allegedly failed to keep proper lookout, drove his truck at a speed greater that what was reasonable, failed to timely apply breakes, failed to reduce speed, failed to timely stop and failed to keep reasonable distance as required by law.

The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount exceeding $50,000, costs of this suit and such other relief as the court deems just and proper. He is represented by George R. Ripplinger of Ripplinger & Zimmer LLC in Belleville.

Madison County Circuit Court case number 16L773

EDWARDSVILLE — A motorist is suing another driver, alleging negligence and insufficient measures taken to prevent injuries.

Christopher L. Buckman filed a complaint on June 7 in Madison County Circuit Court against Dennis Tobias, alleging that the defendant failed to obey traffic rules and regulations.

According to the complaint, the plaintiff alleges that, on Oct. 21, 2014, he was driving a 2006 GMC Sierra westbound on St. Louis Road in Collinsville when suddenly the defendant's 2013 Ford Connect violently crashed into the rear end of his vehicle, causing him to sustain serious personal injuries, resulting in great pain, mental anguish and medical expenses. The plaintiff holds Tobias responsible because the defendant allegedly failed to keep proper lookout, failed to timely stop, failed to yield right of way, failed to give audible warning with his horn and proceeded at a speed that was greater than reasonable.

The plaintiff requests a trial by jury and seeks judgment against the defendant in excess of $50,000, costs of the suit and for such other relief as the court deems just and appropriate. He is represented by Mark C. Scoggins of Crowder & Scoggins Ltd. in Columbia.

Madison County Circuit Court case number 16L776

More than a week after the official end of the legislative session that didn’t produce a budget, Illinois lawmakers are still working on a plan to fund schools for the next fiscal year.

Madison County school districts could face problems later this fall without state funding, Robert Daiber, superintendent of the county’s Regional Office of Education, told the Record. Most districts have the financial ability to start the next school year, but local funding for some could last only a few months after that.

“This is going be strung out a while here," Daiber said. "I don’t think there’s going to be a quick end to this. This whole issue can be resolved, but there’s going to have to be serious attention to real issues.”

He said he believes the real issue is differences between state funding for districts around the state. 

Bills that failed to clear both chambers before the session ended included additional funding for Chicago Public Schools. Some question whether it's fair to bail out the Chicago system when school districts outside the city support their schools at higher rates, primarily through local levies.

In 2014, Chicago spent $15,120 per student, but property taxpayers contributed only 49.1 percent of that. The rest came from state funding. 

Meanwhile, Edwardsville District 7 spent $9,064 per student with local taxpayers covering 78.3 percent. 

The local school district which bears the highest rate of local funding is Roxana District 1, which spent $11,940 per student — 84 percent of which was paid for locally.

To Daiber, extra state funding for CPS is a "reality."

“They have to be able to cover their cost, as well...," he said. "They cannot be in a deficit. Everybody’s got to be able to make payroll. It isn’t that I am personally in favor of Chicago Public Schools getting more money than everybody else, but they have to make their expenses.”

Some local districts look good financially because they’ve issued more bonds to cover costs, he added.

He doesn’t think proposed legislation does more than help CPS get through another year.

“I don’t think the funding proposal is one that makes them a cash cow, so to speak,” Daiber said.

A group of superintendents sent a letter Monday to Gov. Bruce Rauner, calling for changes to the education funding formula, which many in the state, including the governor, have said is broken.

Daiber said lawmakers should prioritize funding general state aid at the levels they’ve promised before funding other facets of school budgets. He said that would be a step toward fairness.

“If you can’t fund what you say you’re going to provide, you have a problem,” he said.

EDWARDSVILLE — One Alton law firm is suing another, with the plaintiff alleging that the defendant endorsed and deposited a check intended for the plaintiff and kept most of the amount.

Schrempf, Kelly, Napp & Darr Ltd. filed a complaint on June 3 in Madison County Circuit Court against Lanny Darr and Darr Law Offices Ltd., a/k/a Darr Firm, citing alleged breach of contract and unpaid debt.

According to the complaint, the plaintiff alleges that Schrempf, Kelly, Napp & Darr, Ltd. was granted judgment entered in Madison County Circuit Court and was supposed to receive the check for $45,587.20. However, the plaintiff claims, the defendant endorsed and deposited the check and has withheld $40,476.99. The plaintiff holds the defendant responsible because the defendant allegedly acted on behalf of plaintiff by converting the check and then deposited the proceeds to the defendant's bank account without being authorized by the plaintiff.

The plaintiff seeks judgment against the defendant for compensatory damages in the amount of $40,476.99 plus interest, punitive damages in an amount in excess of $25,000, court costs and any further relief as the court sees fit. The plaintiff is represented by David L. Antognoli and Ann E. Callis of Goldenberg, Heller & Antognoli, P.C. in Edwardsville.

Madison County Circuit Court case number 16-L-766

EAST ST. LOUIS — A woman is suing Continental Tires the Americas, an employer, citing alleged discrimination, hostile work environment and intentional infliction of emotional distress.

Arlinda Johns of Knoxville, Tennessee, filed a complaint on June 3 in the U.S. District Court for the Southern District of Illinois against Continental Tires the Americas alleging that the employer did nothing to prevent the plaintiff from being harassed and discriminated against on the job.

According to the complaint, the plaintiff alleges that, between October 2012 and Oct. 28, 2014, she suffered emotional stress from being discriminated against by her fellow employees at the company. Plaintiff was subjected to racial discrimination including the use of a racial slur and threats from co-workers, the suit says. The plaintiff holds Continental Tires the Americas responsible because the defendant allegedly failed to act against the plaintiff's co-workers despite her several attempts to report unacceptable behavior to the management. Management also gave its word to the plaintiff that they would rectify the issue but the treatment by her co-workers did not improve, she claims.

The plaintiff requests a trial by jury and seeks monetary damages. No attorney is listed.

U.S. District Court for the Southern District of Illinois case number 16-CV-603-NJR-PMF

EDWARDSVILLE — A motorist is suing another driver, claiming negligence and alleging that insufficient measures were taken to prevent injuries.

Brian Brownrigg filed a complaint on June 6 in Madison County Circuit Court against Alec Mahoney, alleging that the defendant failed to properly control his vehicle.

According to the complaint, the plaintiff alleges that on July 4, 2014, he sustained several physical injuries throughout his body when his car was struck from behind while he was traveling northbound on State Route 159. The plaintiff holds Mahoney responsible because the defendant allegedly failed to reduce the speed of his car or keep a proper lookout, which resulted in his car hitting the rear of the plaintiff's vehicle.

The plaintiff seeks judgment against the defendant in an amount in excess of $50,000. He is represented by Matthew P. Young of Kuehn, Beasley, & Young, P.C. in Belleville.

Madison County Circuit Court case number 16-L-772

EAST ST. LOUIS — An Illinois corporation is suing a Wisconsin company, citing alleged breach of contract.

R.F. Technologies Inc. filed a complaint on June 3 in the U.S. District Court for the Southern District of Illinois against LS Research LLC, alleging that the defendant company failed to perform its contractual obligation to plaintiff.

According to the complaint, the plaintiff alleges that it suffered monetary damages as a result of defective systems and services provided by the defendant. The plaintiff holds LS Research LLC responsible because the defendant allegedly failed to provide the quality of work expected under its contract with the plaintiff. The defendant also failed to deliver on the expected date or to provide resolution to problems, the suit alleges.

The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount in excess of $75,000, interest, all legal fees and any other relief as the court deems just. They are represented by Mark C. Goldenberg and Kevin P. Green of Goldenberg Heller & Antognoli, P.C. in Edwardsville.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00604-NJR-SCW

Eight days after a collision on West Main Street in Belleville injured two city police officers, Illinois State Police charged attorney Bruce N. Cook, 76, with failure to yield to an authorized emergency vehicle.

The accident occurred May 19 at West Main and 62nd Street at 7:41 p.m., on dry pavement, in daylight.

According to a May 20 article about the accident in the Belleville News Democrat, State Police and Belleville Police declined to release the name of driver of the Lexus.

Several messages left this week with State Police District 11 in Collinsville seeking a traffic incident report have not been returned.

Cook’s traffic ticket was located during a records search at the St. Clair County Circuit Clerk’s office. It shows he drove a white 2015 Lexus, that police released him on a promise to comply with terms of the ticket, and that Cook refused his signature.

A July 22 court date has been set, but the ticket states that Cook’s appearance would not be required.

Neither State Police nor Belleville Police have identified the officers involved in the accident.

Belleville Police Capt. John Moody refused to comment on June 9, except to say that the officers are alive.

A spokesperson for Illinois State Police in Springfield said that it’s customary for its department to investigate officer-involved traffic accidents.

Cook’s son, former St. Clair County circuit judge Michael Cook recently completed a sentence in federal prison on a misdemeanor charge of possessing heroin and using it while possessing  firearms.

Then U.S. Attorney Stephen Wigginton negotiated a guilty plea agreement with Michael Cook at 18 months, but Central Illinois District Judge Joe McDade rejected the agreement due to the harm Cook had caused to public faith in the judiciary. McDade sentenced him to two years.