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Report: Union employee funding practice costs taxpayers

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CHICAGO – A recent report reveals the legal practice of “official time,” under which government agencies pay staff on a full-time basis to work for a labor union rather than for taxpayers, comes with a hefty price tag.

“Although the record keeping isn’t perfect … the estimates of costs to taxpayers range from roughly $1 billion in the last 20 years at the federal level alone, to numbers approaching $1 billion annually when state and local employees are included in the totals,” Jared Labell, executive director of Chicago-based Taxpayers United of America, told the Record.

Labell said the Civil Service Commission instructed government agencies to authorize the practice of official time beginning in 1976. The practice became law in 1978 under the Civil Service Reform Act (CSRA). 

He said the fight for transparency is as old as the CSRA itself.

“In recent years, the Bush administration finally required detailed reporting of official time and the activities conducted, but that was just as the administration was preparing to vacate the White House, and the Obama administration’s Office of Personnel Management ceased to report data,” Labell said.

 The Americans for Limited Government Foundation produced a summer 2016 report titled “Full-time Official Time: A Special Report Exposing Taxpayer-Funded Union Employees.” The report said that 490 individuals had been disclosed as a result of Freedom of Information Act requests as working full-time for a union using taxpayer dollars.

Specifically, the foundation reported the Federal Aviation Administration (FAA) in the U.S. Department of Transportation is paying 26 full-time official time employees a total of more than $3.6 million, with 24 of those employees earning annual salaries in excess of $100,000.

The foundation reported the U.S. Postal Service disclosed 274 of its employees are on full-time official time status, at a total cost to the agency of $16.5 million; the Department of Agriculture is paying 29 official time employees more than $2.2 million; the Environmental Protection Agency is paying 73 official time employees more than $8 million and the Small Business Administration is paying two official time employees a total of $199,644.

Also, the foundation reported the General Services Administration pays 17 salaried official time employees a total of more than $1.6 million; the Department of Energy pays two official time employees a total of $304,701; the Department of Education pays three official time employees a total of $286,115; the Department of Labor pays 17 official time employees a total of more than $1.6 million and the Department of Commerce pays four official time employees a total of $373,055.

Finally, the foundation reported the Department of Homeland Security pays 39 official time employees more than $2.7 million and the Department of the Interior pays three official time employees $263,873 in total.

The most recent report published by the Office of Personnel Management in 2012 revealed the federal government had spent more than $157 million on salaries of official time employees.

“The figures referenced above are but a small piece of the total cost associated with the practice of federal agencies providing labor unions with free employees,” the foundation said in its report. “This is a large problem.”

Labell said 47 state constitutions currently prohibit using public expenditures to aid private entities and that some lawmakers have proposed legislation that would enact a federal gift clause to prohibit similar issues.

He said the only benefit for agencies that pay employees to perform union work is a political one.

“Taxpayer-funded salaries should not enable government unions to grow their power and influence to further extract tax dollars from the public, yet that’s exactly how the system works,” Labell said.


Worker alleges Abbot Labs negligence caused his illness

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BELLEVILLE — An Illinois man is suing Abbot Labs and dozens of other companies, alleging their negligence regarding asbestos exposure caused the plaintiff to become ill.

John Rivi filed a lawsuit June 29 in St. Clair County Circuit Court against Abbot Laboratories, Alcatel Lucent USA Inc. and dozens of other companies, alleging failure to exercise ordinary care and caution for the safety of others.

According to the complaint, during his decades of employment, Rivi was exposed to and inhaled asbestos fibers emanating from products he was working with. On May 10, the suit says, he became aware that he had developed mesothelioma. The plaintiff alleges the defendants negligently manufactured, sold, distributed and installed products containing asbestos fibers.

Rivi seeks trial by jury, judgment of at least $50,000 against each defendant and legal costs. He is represented by attorneys Ethan E. Flint, Carson C. Menges, Larci M. Whitley and Aron K. Dickey of Flint Law Firm LLC in Glen Carbon.

St. Clair County Circuit Court case number 16-L-341

Magistrate denies move to disqualify Dripps firm ahead of injured barge worker's trial

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BENTON – U.S. Magistrate Judge Donald Wilkerson denied a motion to disqualify the Armbruster Dripps firm as counsel for barge worker Anthony Miskel at an injury trial against SCF Lewis and Clark Fleeting.

SCF Lewis and Clark Fleeting moved for disqualification after Courtney Stirrat of Armbruster Dripps entered the case. 

Stirrat previously defended Lewis and Clark Marine, predecessor of SCF Lewis and Clark Fleeting, in similar cases. 

“Ms. Stirrat simply has switched sides,” Wilkerson wrote. 

“Such an act should not lead to either her or her new firm’s disqualification in this matter,” he wrote. 

Wilkerson called disqualification a drastic measure and added, “Such a measure is not necessary in this matter.” 

He quoted a rule that “a lawyer who recurrently handled a type of problem for a former client is not precluded from later representing another client in a factually distinct problem of that type even though the subsequent representation involves a position adverse to their former client.” 

“This is the exact situation here,” he wrote. 

“Plaintiff is suing SCF pursuant to the Jones Act, a common enough claim, and makes factual claims that are distinct from any matter in which Ms. Stirrat was Lewis and Clark’s attorney. 

“While the court is mindful that Ms. Stirrat may be privy to certain general litigation strategies, there is no showing that she was privy to confidential factual information as would normally have been obtained in the prior representation that would materially advance the client’s position in the subsequent matter.” 

Roy Dripps of Armbruster Dripps filed the suit in 2014, against SCF Lewis and Clark Fleeting and dock owner Beelman River Terminals. 

Dripps alleged that a barge moved and a cable struck Miskel in the face. 

The defendants filed cross claims against each other. 

Stirrat entered an appearance last December but moved to withdraw in January, a day after SCF Lewis and Clark Fleeting moved to disqualify the firm. 

Miskel agreed in February to settle his claim against Beelman for $35,000, and to defend and indemnify Beelman at trial. 

Patrick Murphy, who retired as U.S. district judge in 2013, entered an appearance for Miskel in May. 

District Judge Staci Yandle plans a trial starting Aug. 1.

Guardian blames heath care facility for elderly woman's injuries

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BELLEVILLE — A legal guardian is suing a Belleville health care facility, alleging its negligence led to her sister's suffering injuries. 

Cynthia Holderfield, as legal guardian of Elise Ann Wasson, a disabled adult, filed a lawsuit June 16 in St. Clair County Circuit Court against Support System and Services Inc., alleging negligence in that heath care facility employees failed to comply with its own policies and procedures.

According to the complaint, in January 2015, Wasson became a resident of defendant's facility in Belleville. In summer 2015, the suit says, Wasson fell and hit her head on the wall at the facility, and Jan. 17, 2016, she again fell and hit her head. 

The lawsuit states these incidents caused Wasson to suffer serious injuries, physical pain, mental anguish and disfigurement and medical related expenses. The plaintiff alleges the defendant failed to protect Wasson from abuse and neglect, failed to provide adequate and humane care and services and failed to provide assistive devices.

Holderfield seeks a trial by jury, judgment of more than than $75,000, plus legal costs. She is represented by attorney Samantha S. Unsell of Keefe, Keefe Unsell PC in Belleville.

St. Clair County Circuit Court case number 16-L-317

Security associate accuses former employer, investigator of wrongful termination

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EDWARDSVILLE — A Madison County man is suing a former employer and an investigator, alleging he was fired without legal reason.

Christopher Rhodes filed a lawsuit July 5 in Madison County Circuit Court against Shop-N-Save Warehouse Foods and James Ishum, alleging violation of the Whistleblower Act.

According to the complaint, Rhodes has suffered lost of wages, benefits of full employment, loss of enjoyment of life, embarrassment, inconvenience and humiliation after his termination by Shop-N-Save. The plaintiff alleges the defendants unlawfully retaliated against him for disclosing information to the Belleville Police Department regarding an assault on Rhodes by a man who later was arrested on suspicion of retail theft and aggravated battery. 

The suit says Rhodes was suspended for having a laptop on company property. The plaintiff alleges the laptop was used with permission from his supervisors for him to monitor the dangerous situation around defendant's property in nearly Ferguson, Missouri. Two weeks after his suspension, the lawsuit states, Rhodes was fired during a time when the area was convulsed by the riots in Ferguson.

Rhodes seeks a trial by jury, judgment of more than $50,000, attorney fees, legal costs and other remedies as afforded by law. He is represented by attorneys Ferne P. Wolf amd Joshua Pierson of Sowers & Wolf LLC in St. Louis and Jane Unsell and Erin M. Phillips of Unsell, Schattnik & Phillips in Wood River.

Madison County Circuit Court case number 16-L941

Administrator alleges co-op board owes her $173,000

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EAST ST. LOUIS — A St. Clair County woman is suing a Belleville co-ops executive board, alleging she is owed damages of more than $173,000.

Ruth Hamerski filed a lawsuit July 14 in U.S. District Court for the Southern District of Illinois against Belleville Area Special Services Cooperative,  alleging breach of contract and violation of her due process rights under the Fourteenth Amendment.

According to the complaint, Hamerski was discharged from work June 30, 2015, for advocating for students protected by the IDEA and ADA. The suit says this caused her to suffer loss of wages and benefits of employment exceeding $173,000, a damaged reputation, emotional distress, humiliation, outrage and embarrassment. 

The plaintiff alleges the defendant criticized her for advocating for IDEA students, violated her property interest in her employment, accused her of illegal acts, incompetence, and unfitness in her profession and constructively discharged her.

Hamerski seeks trial by jury, judgment of more than $173,000, pre-judgment interest, attorney fees, legal costs and such other relief the court deems just and proper. She is represented by attorney Larry A. Bagsby of The Bagsby Law Firm in St. Charles, Missouri.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00796

Crew member alleges vessel operator's negligence led to injuries

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EDWARDSVILLE — A crew member is suing a Mississippi River ship operator, alleging negligence led to the plaintiff suffering injuries.

Justin Tonsor filed a lawsuit June 30 in Madison County Circuit Court against American River Transportation Company, alleging breach of warranty and negligence in failing to comply with government regulations and industry standards.

According to the complaint, on July 11, 2013, Tonsor severely injured his back when he attempted to lift a 35-foot wire cable while working on the defendant's vessel M/V Miss Sheila near Granite City on the Mississippi River. The suit says the incident caused him to sustain physical and mental suffering, lost wages and benefits, disability and medical expenses. 

The plaintiff alleges the defendant failed to provide a safe place to work, failed to provide Tonsor with safe tools and equipment, and failed to exercise its legal duty to use ordinary care.

Tonsor seeks a trial by jury, damages of more than $50,000, legal costs and such other relief as justice requires. He is represented by attorneys Roy C Dripps, Charles W. Armbruster and Michael Blotevogel of Armbruster, Dripps, Winterscheidt & Blotevogel LLC in Maryville.

Madison County Circuit Court case number 16-L-889

Cook alleges restaurant failed to pay proper overtime wages

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EDWARDSVILLE — A Madison County man is suing a local restaurant and its owners, alleging failure to pay proper overtime.

Jose Silvestre filed a class action lawsuit, individually on behalf of those similarly situated, June 29 in Madison County Circuit Court against El Mezcal Restaurant, and Robert and Susan Gonzales, alleging violation of the Illinois Minimum Wage Law.

According to the complaint, since 2013, Silvestre worked as a cook at El Mezcal for approximately 70 hours per week without receiving minimum wage and overtime compensation for all his hours worked. He only received a fixed $550 per week, the suit says. 

The plaintiff alleges the defendants failed to maintain proper time and pay records and failed and refused to pay the minimum wage rate per hour and overtime premium.

Silvestre seeks a trial by jury, compensatory damages, attorney fees and legal costs, plus such relief as the court finds just and proper. He is represented by attorneys Lee W. Barron and William D. Buchanan of Lee W. Barron PC in Alton.

Madison County Circuit Court case number 16-L-914


Employee accuses Wood River-Hartford district of disability discrimination

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EAST ST. LOUIS — A woman suffering from multiple sclerosis is suing a school district, alleging disability discrimination.

Jane Emerick filed a lawsuit July 13 in U.S. District Court for the Southern District of Illinois against Wood River-Hartford School District 15 alleging failure to comply with the Americans with Disabilities Act regulations.

According to the complaint, as a result of Emeric's physical impairments, she was subjected to disability discrimination and daily or near-daily humiliations by the defendant. As a result, she has suffered humiliation, embarrassment and emotional distress, the suit says. 

The plaintiff alleges the school district allegedly refused to provide reasonable accommodations and refused to engage in any meaningful interactive process and/or discussions.

Emerick seeks a trial by jury, compensatory damages for emotional distress, attorney fees, and any other relief the court deems proper. She is represented by attorneys William D. Buchanan and  Lee W. Barron of Lee W. Barron PC in Alton.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00788

African-American woman accuses Granite City health facility of racial discrimination

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EAST ST. LOUIS — An African-American woman is suing a Granite City health care facility, alleging racial discrimination.

Lorie Jackson filed a lawsuit July 13 in U.S. District Court for the Southern District of Illinois against Gateway Regional Medical Center, alleging violation of the 1964 Civil Rights Act.

According to the complaint, Jackson was subjected to unlawful adverse employment actions, less compensation and termination of employment Nov. 3, 2014, that caused her to suffer loss of compensation and benefits, emotional distress and humiliation. 

The plaintiff alleges Gateway Regional subjected her to unlawful gender/sex discrimination, paid her less than what similarly situated Caucasian employees received and ultimately terminated her employment in 2014.

Jackson seeks a trial by jury, damages, attorney fees, legal costs and all other relief deemed proper. She is represented by attorneys Lee W. Barron of Lee W. Barron PC in Alton and Melvin D. Kennedy of Law Office of Melvin D. Kennedy in St. Louis.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00787

Baricevic overturned in domestic battery case; Principles of fair trial questioned on appeal

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MOUNT VERNON – Fifth District appellate judges ruled on July 13 that St. County Chief Judge John Baricevic whisked potential jurors through the principles of a fair trial, prejudicing a domestic battery suspect. 

The appellate court granted a new trial to Andre Jackson, who faced 60 days in prison and 18 months on probation. 

Presiding Justice Judy Cates wrote that Baricevic’s errors “threatened to tip the scales of justice.” 

She found it “difficult to conclude that these errors did not impact the verdict of the jury.” 

Justices Melissa Chapman and Randy Moore concurred. 

The Justices also criticized prosecutor James Fuld, finding he presented deficient testimony from alleged victim Sheena Berry and three other witnesses. 

Berry married Jackson after his arrest but before his trial. 

They clashed on Jan. 5, 2013, when Berry found a picture of another woman on Jackson’s telephone. 

After the clash, Berry left their home to go to her job at St. Elizabeth’s Hospital. 

On the way she called supervisor Dawn Peach and described the incident. 

Peach told her to go to the emergency room for evaluation. 

Emergency room nurse Angela Capps treated Berry, and police officer Nathan Weinel interviewed her. 

State’s attorney Brendan Kelly charged Jackson with two counts of aggravated domestic battery, one for his actions on their first floor and one for his actions on the second floor. 

Kelly also charged him with three counts of domestic battery. 

Baricevic brought the case to trial on March 11, 2014. 

He said to the panel of potential jurors, “Do you understand and accept that Mr. Jackson, who sits here accused of a crime, is presumed innocent of the charge against him, that the presumption of innocence stays with Mr. Jackson throughout the trial and is not overcome unless from all the evidence you believe that the state has proved Mr. Jackson guilty beyond a reasonable doubt?” 

“Anybody disagree with that?” he said. No one did. 

“Do you understand this means further that the state of Illinois, represented by Mr. Fuld, has the burden of proving Mr. Jackson’s guilt beyond a reasonable doubt?” Baricevic said. 

“Mr. Jackson does not have to prove his innocence. Mr. Jackson does not have to present any evidence or testify unless he chooses to do so, and if he does not, you are not to hold that against him.” 

“Anybody disagree with that?” he said. No one did. 

After selection of a jury, but outside of its presence, defense counsel asked Baricevic if he reviewed the four principles of a fair trial. 

Baricevic said, “I think I did.” 

“I mean, you can see what the appellate court says,” he said. “I think I complied.” 

When Berry took the stand, she said she dropped a petition for a protective order against Jackson and wanted the charges against him dropped. 

Nurse Capps testified about injuries she observed, but admitted she didn’t know how they occurred or whether Berry exaggerated. 

Officer Weinel testified that he didn’t observe any redness around Berry’s neck, and that he had no firsthand knowledge of what happened. 

Supervisor Peach testified that she observed redness on Berry’s neck but that it had faded by the time Weinel arrived. 

Jackson, the sole witness for the defense, testified that he stuck out his left arm and made contact with Berry’s neck as she charged him and swung her fist. 

He said he never choked her and didn’t hear her gasp for air. He also said that she hit him in his face and on his shoulder and arms. 

Jurors found him guilty of aggravated battery on the first floor, not guilty on the charge from the second floor, and not guilty on the three lesser charges. 

On appeal, Jackson successfully argued that Rule 431(b) required Baricevic to ask each juror if they understood and accepted the four principles. 

Cates wrote, “Under Rule 431(b), the trial court may question potential jurors individually, or as a group, but it must allow each prospective juror to respond when asked whether he or she understands and accepts the principles stated in the rule.” 

The rule is intended to end the practice of making a broad statement followed by a general question concerning a juror’s willingness to follow the law, she wrote. 

She also wrote that failure to ask whether jurors understand the principles constitutes error alone. 

She wrote that Baricevic collapsed the second principle into the first and collapsed the third and fourth principles into the second. 

Cates rejected the state’s claim that jurors would have convicted Jackson anyway, writing that she was far from convinced that the evidence was overwhelming. 

She wrote that Capps, Weinel and Peach did not have firsthand knowledge of what happened. 

“The quality of their testimony is weak and inconsistent,” she wrote. 

She wrote that Berry’s testimony offered little clarity, and her injuries were consistent with Jackson’s version of what occurred.              

Marion County man’s injury suit against railroad can proceed in St. Clair County, appellate court rules

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MOUNT VERNON –St. Clair County was a proper forum for a Marion County man’s suit over an injury he suffered in Marion County, Fifth District appellate judges have ruled. 

Their July 12 opinion affirmed St. Clair County Circuit Judge Vincent Lopinot, who denied a motion of Union Pacific Railroad to transfer David Decker’s suit to Marion County. 

The Justices scolded Lopinot, however, for failing to explain his decision. 

Presiding Justice Judy Cates wrote that there has recently been discussion regarding whether a court’s exercise of discretion on a forum motion can be adequately reviewed in the absence of any analysis. 

“In the pending case, the trial court’s analysis was not incomplete, it was wholly absent,” she wrote. 

“We echo the exhortations of our supreme court to circuit courts to include all of the relevant private and public interest factors in the analyses and to leave a better record of their decision making process.” 

Justices Gene Schwarm and Bruce Stewart concurred. 

Decker injured his neck, right shoulder and right arm on July 23, 2012, when he slipped on the oily floor of an air compressor compartment in the railroad’s yard at Salem. 

Clay Monroe, a yard supervisor, called foreman Glenn Elliot at Union Pacific’s service track in Dupo and asked for an inspection of the locomotive. 

Elliot drove to the Salem yard, noted that an oily film covered 90 percent of the compartment floor, took photographs, and applied a product to the floor to dry up the oil. 

In 2013, Decker sued Union Pacific in Marion County. 

He dismissed the suit without prejudice in 2014, and filed it in St. Clair County. 

Union Pacific moved for transfer to Marion County as a more convenient forum. 

Decker’s lawyer, William Gavin of Belleville, answered that Elliot worked in Dupo and lived in Swansea. 

Gavin identified other potential witnesses in the St. Louis area. 

He noted that he and Union Pacific’s lawyers, Thomas Jones and Harlan Harla of Thompson Coburn, had offices in St. Clair County. 

Lopinot held a hearing on March 3, 2015, and denied the motion a day later.  

Moms: Stop worrying - organic food is no safer than GMOs – it just costs more

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To the Editor:

Under the assumption that your table is set with genetically modified foods, what does that mean, and should you be concerned for your health?

Julie Kelly, who has become one of the leading, non-scientists raising her voice in the sometimes contentious debate over the safety of this nation’s food system regarding GMOs, refers to herself as an “accidental activist.” Originally a stay-at-home mom with a background in political consulting, Kelly’s love for food led her to teaching cooking classes — which led her become displeased with how the food movement, usually on the left, was telling us what we should eat and shouldn’t eat.

Kelly gained national prominence after the Wall Street Journal in October 2014 published her op-ed that exposed the political activism of one of America’s most well-known celebrity chefs, Top Chef’s Tom Colicchio. That moment launched her into a food fight of words — from GMOs, to the national school lunch program, to the national dietary guidelines. Since Kelly’s first WSJ op-ed, she has had four more published. Julie is also a featured contributor to both National Review Online and the Genetic Literary Project, a scientific-based website.

Guided by research, Kelly has become a staunch defender of American agriculture and biotechnology to improve the world’s food supply — fostered, in part, by her concern about the food her daughters were consuming, and to improve her cooking classes.

As Kelly described the GMO controversy: It is not a science or an agricultural issue, but more of a political issue as dictated by environmental groups.

What are GMOs?

Everything we eat has been modified over a period of time. None of our food is “natural,” not even kale, which is genetically derived from broccoli, cauliflower, and brussel sprouts. Specifically, a GM - genetically modified - is a plant developed through a process in which a copy of a desired gene or section of genetic material from one plant or organism is placed in another plant. The only GMOs commercially available in the U.S. are the following nine crops: soybeans, corn (field and sweet), papaya, potato, canola, cotton, alfalfa, summer squash and sugar beets. (Sugar is the same whether it comes from cane or beets. The molecule doesn’t change. One half of the sugar we use comes from beets). Kelly noted that the Hershey chocolate company is getting rid of GMO sugar from sugar beets to make the claim that its products are GMO free. Why? Because sugar beet farming is 100 percent GMO farming.

Just as important, Kelly said, is to know what a GMO isn’t. It’s not an ingredient in the food we eat, which may be made using one or more of the eight common GM crops. Nor are GMOs the same as processed foods — which may contain one or more of the eight GM crops, or they can be made with organic or other non-GM ingredients.

Kelly acknowledged that within the last year a new promising form of gene-editing tool has been developed known as CRISPR/Cas9, which doesn't involve using genes from other plant species. Instead, modification is achieved through the precise editing of an organism’s native genome. Food produced this way falls under the category of genome-edited crops(GECs). Some believe that genome editing is a more efficient and precise method of manipulating genes than the conventional GMO breeding methods we have used for millennia.

Magic of Genetics (GMOs)

Now that we know what GMOs are, why were the nine GMO commercial crops available in the U.S. created in the first place? It might surprise many to know that GMO crops were created to achieve a desired trait in order to better meet a customer’s needs.

It is amazing what is happening in agriculture. Mitch Daniels is a great defender of GMOs. Consider the following to judge the value of GMO crops to the farmer through the use of genetically engineered seeds:
1. Insect resistance crops.
2. Drought resistance crops.
3. Herbicide tolerance crops.
4. Disease resistance crops. (It was through genetic modification the Hawaiian papaya industry was able to overcome the papaya ringspot virus, that had the potential to devastate that industry.)
5. Increased and enhanced nutritional content. (Genetically modified soybeans with a healthier oil profile are used in a new, heart-healthy soybean oil.)

Transition from no prejudice to embracing safety of GMOs

Julie Kelly started her writing career without any prejudice at all — that is, until she observed the global battle over golden rice. This rice contains beta-carotene which helps fight Vitamin A deficiency in children and pregnant women. A battle also exists over the Vitamin A enriched sweet potato. Millions of pre-age school children around the world go blind for lack of Vitamin A. While there is no concern any longer in America about children not getting enough Vitamin A, why should Vitamin A be denied to children who desperately need it in countries like Africa?

Julie has unconditionally come to believe that GMOs are perfectly safe to consume. Her stance is supported by numerous scientific organizations. An exhaustive report from the National Academies of Sciences released on May 17 reports that genetically engineered crops are safe for humans and animals to eat, and have not caused increases in cancer, obesity, gastrointestinal illnesses, kidney disease, autism or allergies. Consider also a letter signed by more than 100 scientists asking Greenpeace to end its smear campaign against GMOs:

“We urge Greenpeace and their followers to examine the experience of farmers and consumers worldwide with food and crops improved through biotechnology, recognize the findings of relevant scientific bodies and regulatory agencies, and abandon its campaign against 'genetically modified organisms' in general and particularly against golden rice,” it states.

Exploitation of Moms

As to why GMOs are maligned as being unsafe to consume, Julie attributes opposition to wealthy individuals and environmental organizations, such as Greenpeace, who exploit mothers by convincing them that the food system is broken and expensive organic foods is the way to go. Fortunes have been made through exploitation of the truth.

Much of the opposition to consuming GMO crops has its basis in herbicides, specifically Roundup, a common commercial and industrial weed killer. Through genetic engineering, “Roundup Ready” crops have been developed to permit direct, “over the top” application of the Monsanto herbicide glyphosate found in Roundup to kill nearby weeds without killing the crops

Tests have shown that Roundup can be safely used and does not cause cancer — and, besides, it is not sprayed all over the crops close to harvest. After all, farmers and their children eat their own food without concern. These facts don’t deter the fear mongers, however. The Internet is awash in articles condemning the use of Roundup.

What about the push toward labeling food?

Don’t people have a right to know what is going into their food? Of course. But what if GMO labeling mandates have nothing to do with health, nutrition, or safety? Vermont was the first state to require labeling of any food containing GMO — with the exceptions of beer and cheese. Think about why that is, Kelly said.

There is also currently a move in the U.S. Senate to pass a GMO labeling bill, but a national solution will be difficult to achieve both consumer-wise and politically. The bill proposed by Sens. Pat Roberts, R-Kan. and Debbie Stabenow, D-Mich. would allow food companies to choose between disclosing GMO status on the packages, on a QR code, or a call-in line — and it would also preempt state-level laws, such as Vermont’s.

Labels would be required for a product “that contains genetic material,” which would exempt many ingredients derived from GMO crops that no longer contain “genetic material” after being processed. Julie stands squarely against the Senate bill.

In conclusion:

• Our food system is safe and affordable.
• The application of safe chemicals to our crops has replaced labor to the point that only 2 percent of our population is involved in farming.

And moms: Stop worrying. Organic food is no safer than GMOs. It just costs more.

Nancy Thorner
Lake Bluff, Ill.

Alton woman's claim against bar over intoxicated driver's crash into home dismissed with prejudice

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Madison County Circuit Judge Dennis Ruth on June 29 dismissed with prejudice a dram shop suit brought by an Alton woman whose home was struck by an intoxicated driver.

Myrtle Kirk, 92, sued D.J.’s Bar and Grill in Alton and Debra Lovell, the holder of the bar’s liquor license, last September, claiming they were negligent in serving the driver as well responsible for property damage.

The bar and Lovell, represented by attorneys Stephen Heil and Zachary Shook of Cray Huber Horstman Heil & VanAusdal in Chicago, had denied liability.

Kirk's complaint alleged that on Nov. 18, 2014, the bar served liquor to Alexas Graham, who allegedly became intoxicated and later drove her car into Kirk’s house.

Michael P. Glisson of Williamson, Webster, Falb & Glisson in Alton represented Kirk.

The plaintiff had sought in excess of $50,000 in damages. 

Madison County Circuit Court case number 15-L-1142

Motorist alleges another driver's negligence led caused crash

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EDWARDSVILLE — A motorist is suing another driver, alleging his negligence caused a crash that injured the plaintiff.

Angela Cross filed a lawsuit July 6 in Madison County Circuit Court against James Fairless alleging negligence in failing to keep his vehicle under control.

According to the complaint, on Dec. 4, 2014, Cross was driving a 2011 Ford Fusion southbound on state Route 111 near the intersection of North Bellwood Road in Bethalto City, when Fairless rear-ended her vehicle, causing a violent collision. The suit says the collision caused Cross to suffer bodily injuries, including to her back, neck, hips and knees, that resulted in great pain, mental anguish, disability and medical expenses. 

Cross alleges Fairless failed to keep proper lookout, failed to give proper signal or sound his horn, and failed to timely reduce speed and stop his vehicle.

Cross seeks a trial by jury, judgment of more than $50,000, plus legal costs. She is represented by attorney Michael P. Glisson of Williamson, Webster, Falb & Glisson in Alton.

Madison County Circuit Court case number 16-L-960


Alton bar and alleged assailant deny negligence in injury suit

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Defendants being blamed for injuries suffered during an Alton bar altercation deny negligence.

Last month, Shawn Barrett and New DJ's Bar & Grill answered the suit brought by Marcus Gordon, Jr. in April in Madison County.

Gordon claims that on June 29, 2015, Barrett began a verbal altercation using racial slurs and attempting to entice the plaintiff into a physical altercation. Gordon alleges he left the premises and was sitting inside a vehicle when Barrett came out of the bar and allegedly struck him in the face.

Gordon left the scene and called his father, who told the plaintiff to meet him back at the bar, according to the suit. Barrett continued his verbal assault and became so agitated that he shoved his hands through a window, causing injuries to the plaintiff.

Gordon alleges injuries to his face, chin, arms and hands. He claims he will continue to incur medical bills for treatment of his injuries and has been prevented from attending to his usual duties and affairs, the suit states.

Barrett, represented by Susan Grammer of East Alton, denies negligence, saying that he too suffered injuries and also has a pending claim against the bar.

The bar, represented by Ralph Derango of Belleville, also denies that it is under any liability whatsoever to Barrett.

Gordon seeks judgment against both defendants for all four counts in excess of $50,000 plus court costs and other relief the court deems appropriate. He is represented by William E. Miller III in Alton.

Circuit Judge William Mudge presides.

Madison County Circuit Court case number 16-L-547

Motorist alleges another driver's negligence caused crash

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EDWARDSVILLE — A Madison County driver is suing another motorist, alleging his negligence caused a car crash that injured the plaintiff.

Danny Lanter filed a lawsuit July 7, in the Madison County Circuit Court against Devon Bledsoe alleging negligence in failing to exercise ordinary care with a motor vehicle. 

According to the complaint, on July 15, 2014, Lanter was driving a motor vehicle on state Highway 160 in Highland while Bledsoe was operating a vehicle behind him. The suit says the defendant's vehicle collided with Lanter's vehicle, causing him to be tossed within his vehicle, and leading to the plaintiff suffering disabling injuries that resulted in pain, loss of earnings and medical expenses. 

The plaintiff alleges Bledsoe failed to maintain proper lookout, operated his vehicle at an excessive rate of speed and failed to yield right of way.

Lanter seeks a trial by jury, judgment of more than $50,000, plus legal costs. He is represented by attorney Daniel G. Broombaugh of Kolker Law Offices PC in Belleville.

Madison County Circuit Court case number 16-L-974

Class action over Papa John's sales tax on delivery fees settles; $165K for class counsel, $1-3 coupons for class members

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A Madison County class action claiming Papa John's Pizza wrongly charged sales tax on delivery fees has reached preliminary settlement.

The agreement, signed by Circuit Judge Andreas Matoesian, approved $165,000 in attorney fees; a $2,000 "case contribution award" to lead plaintiff Zachary Tucker and purchase discounts of between $1 and $3 for qualified customers.

A final approval hearing will take place at 9 a.m. on Oct. 14.

"Defendants have denied and continue to deny every allegation of liability, wrongdoing, and damages, as they have substantial factual and legal defenses to all class allegations and claims in the litigation," states the preliminary settlement document prepared by plaintiffs' counsel from the Carey, Danis & Lowe firm in St. Louis. Alan Wagner of Tampa, Fla. served as co-counsel.

The agreement also states, "Defendants have always maintained, and continue to maintain, that sales taxes that are voluntarily paid by customers and remitted to the state of Illinois are not recoverable under Illinois law. Nonetheless, Defendants have concluded that because continuing to defend the litigation would be protracted and expensive, and would present risks and uncertainties, including whether plaintiff might prevail on all or some of his claims at trial or on appeal, it is prudent to fully and finally settle the litigation on a class-wide basis on the terms and conditions set forth in the proposed settlement agreement."

Larry Hepler and W. Jason Rankin of HeplerBroom in Edwardsville represent Papa John's.

According to the agreement, Papa John's stopped charging sales tax on delivery fees on Oct. 1, 2015.

The document further states that the settlement provides "significant benefits to the proposed class" in the form of future purchase discounts to class members who timely and properly fill out a claim form.

Discounts are determined by the number of qualifying purchases made between May 5, 2009 and May 6, 2016:
- Between one and nine: $1
- Between 10 and 24: $2
- 25 or more: $3

The case was originally filed in Madison County in May 2014 and later removed to federal court. After two failed attempts to remand to Madison County, the parties engaged in settlement discussions and reached an agreement in principle to settle.

As part of the settlement, the federal court action would be dismissed and refiled in state court.

It was dismissed in federal court on Sept. 23, 2015 and refiled in Madison County on Jan. 13, 2016.

"Despite reaching the terms of the proposed settlement relatively early in the litigation, plaintiff's counsel has invested a considerable amount of time and expense into the investigation and prosecution of this matter," the settlement agreement states.

Madison County Circuit Court case number 16-L-49

Customer accuses Alton mall operators of negligence

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EDWARDSVILLE — A Wood River woman is suing the operators of an Alton mall, alleging their negligence caused the plaintiff to suffer injuries in a fall.

Betty Sherman filed a lawsuit July 7, in the Madison County Circuit Court against Marquette Realty Capital LLC doing business as Alton Square Mall and Hull Property Group doing business as Alton Mall LLC, alleging negligence in failing to exercise ordinary care.

According to the complaint, on July 11, 2014, Sherman visited Alton Square Mall and while attempting to sit on a chair in the food court, the chair collapsed. The suit says this caused her to fall, resulting in extensive injuries, pain and suffering, disability and disfigurement and incurred medical expenses. 

The plaintiff alleges the defendants failed to discover the danger posed by the faulty chair, negligently failed to maintain their property and failed to ensure public safety.

Sherman seeks a trial by jury, judgment of more than $50,000, legal costs, plus all other relief the court deems just. She is represented by attorneys and Ralph J. Mendelsohn and Rodney D. Caffey of The Caffey Law Firm in Godfrey.

Madison County Circuit Court Case number 16-L-962

Motorist blames County Club Hills driver for causing crash

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EDWARDSVILLE — A Madison County motorist is suing two other drivers, alleging their negligence caused two car crashes.

Nicole Daniels-Garcia filed a lawsuit July 8 in Madison County Circuit Court against Brittany Jones of Country Club Hills and Angela Adams of Cottage Hills, alleging the two defendants failed to exercise reasonable care and caution for the safety of other motorists.

According to the complaint, on July 10, 2014, Daniels-Garcia was driving a 2009 Toyota Corolla eastbound along Edwardsville Road in Wood River when a 2014 Volkswagen Jetta, driven by Jones collided with the plaintiff's vehicle. The suit says Daniels-Garcia sustained severe injuries that resulted in great pain and mental anguish, medical expenses and future loss of gainful employment. The plaintiff alleges Jones failed to keep proper lookout, failed to keep her vehicle under control and failed to stop at stop sign.

The suit says Adams also was negligent in running her 2000 Mustang into the plaintiff's vehicle at the same time as well.

Daniels-Garcia seeks a trial by jury, and judgment against each defendant of more than $50,000, plus legal costs. She is represented by attorneys Patrick G. Johnson and Benjamin T. Stephens of Johnson Law Offices PC in Edwardsville.

Madison County Circuit Court case number 16-L-975

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