He said it was improper that the county’s purchasing director Barry Harris also serves as Dunstan’s campaign treasurer. 

Kathryn Thomas filed a complaint on July 19 in Madison County Circuit Court against Dayle Clevenger alleging negligence.

According to the complaint, the plaintiff alleges that on Sept. 3, 2014, she was driving southbound on Fosterburg Road in Brighton when the defendant's vehicle violently collided with her vehicle, causing her injuries to her right foot, right heel and chest that resulted in pain and suffering, mental anguish and incurred medical expenses. The plaintiff holds Clevenger responsible because the defendant allegedly failed to yield right of way, failed to stop at a stop sign, failed to keep a proper lookout and drove his vehicle at a speed greater than reasonable.

The plaintiff requests a trial by jury and seeks judgment against defendant of more than $50,000 plus costs of suit. She is represented by Michael P. Glisson and Timothy J. Chartrand of Williamson, Webster, Falb & Glisson in Alton.

Madison County Circuit Court case number 16-L-1022

La-Nell Turner filed a complaint on July 14 in the U.S. District Court for the Southern District of Illinois against Penske Trucking and Premier CDL Training services LLC alleging negligence.

According to the complaint, the plaintiff alleges that on Dec. 9, 2015, she was a student passenger in a vehicle owned by Premier in Madison County. As a result of a collision with the Penske truck, she alleges sustained injuries to her back, neck, right shoulder and upper extremities, causing her to suffer pain and suffering, loss of earning capacity and medical expenses. The plaintiff holds Penske Trucking responsible because the defendant's driver allegedly failed to obey traffic signs, failed to yield to the right of way and failed to keep a proper lookout. She alleges Premier is responsible because it failed to properly monitor and provide adequate training.

The plaintiff requests a trial by jury and seeks judgment of more than $50,000 and costs of this action. She is represented by Brian M. Wendler and Angie Zinzilieta of Wendler Law PC in Edwardsville.

U.S. District Court for the Southern District of Illinois case number 16L1008

Douglas Harris filed a complaint on July 20 in the U.S. District Court for the Southern District of Illinois against Monsanto Co. and John Does 1-50 alleging strict product liability and other counts.

According to the complaint, the plaintiff alleges that as a result of using and exposure to the defendant's Roundup, he was caused to suffer severe and personal injuries that are permanent and lasting in nature, physical pain and mental anguish, and diminished enjoyment of life. The plaintiff holds Monsanto Co. and John Does 1-50 responsible because the defendants allegedly designed, developed, manufactured, distributed, and/or sold herbicide Roundup and failed to appropriately and adequately test it and failed to provide proper warnings and directions. As a result, he claims he developed non-Hodgkin's lymphoma in 2011 because of the ingredients in Roundup.

The plaintiff requests a trial by jury and seeks compensatory damages in excess of the jurisdictional amount, pre- and post-judgment interest, attorneys’ fees, costs and such other and further relief as the court deems just and proper. He is represented by John Backes Prior, Brian H. Eldridge and Kyle Pozan of Hart McLaughlin & Eldridge LLC in Chicago.

U.S. District Court for the Southern District of Illinois case number 16-C-823

Debra Koontz filed a complaint on July 15 in the U.S. District Court for the Southern District of Illinois against Sanofi SA, Aventis Pharma SA, Sanofi-Aventis U.S. LLC, doing business as Winthrop U.S., alleging product liability and other counts.

According to the complaint, the plaintiff alleges that she sustained damages for injuries caused by using docetaxel, a prescription medication used in the treatment of breast cancer. She alleges she suffered permanent baldness, mental anguish and economic damages. The plaintiff holds the defendants responsible because the defendants allegedly developed, manufactured, promoted, marketed, distributed, warranted, and sold docetaxel and failed to provide accurate information and proper warnings to medical providers and patients of its side effects.

The plaintiff requests a trial by jury and seeks judgment against defendants in an amount to be determined at trial, costs, expert and attorneys’ fees, pre- and post-judgment interest, and such other further relief as the court may deem appropriate, just, and proper. She is represented by Mark R. Niemeyer and Michael S. Kruse of Niemeyer, Grebel, & Kruse in St. Louis, Missouri and Darin L. Schanker and J. Kyle Bachus of Bachus & Schanker LLC in Denver, Colorado.

U.S. District Court for the Southern District of Illinois case number 3:16-cv-00805

Fourth District appellate court judges have ruled in favor of three incumbent St. Clair County circuit judges seeking to be elected as if for the first time.

"While legitimate public policy arguments may exist for limiting elected judges to the retention process only, the 1970 Constitution was not written with such a limitation, and we are bound to uphold the constitution as it is written," wrote Justice John W. Turner.

The court's ruling handed down on Thursday allows Circuit Judges John Baricevic, Robert LeChien and Robert Haida to remain on the November ballot over the objections of Dallas Cook who had challenged the judges' candidacies on constitutional grounds.

St. Louis attorney Aaron Weishaar represents Cook, Belleville city clerk. They have argued that state statute requires sitting judges seeking successive terms to run for retention on non-partisan ballots.

Retention requires three-fifths majority approval or 60 percent, election requires a simple majority or 50 percent plus one.

Only one other judge in state history has attempted a maneuver to resign and run for election to the same position. Lloyd Cueto, also of St. Clair County did so successfully in 2006. He was challenged at the ballot box, but not in court.

The three sitting judges, Democrats, resigned last August, effective this Dec. 4, creating vacancies they intended to fill through partisan competition in the fall.

Two of the three judges face Republican challenge.

Belleville attorney Ron Duebbert will run against Baricevic.

Former associate judge Laninya Cason will run against LeChien.

The judges are represented by Chicago attorney Michael Kasper.

They have argued successfully before election officials as well Sangamon County associate Judge Esteban Sanchez.

Sanchez found that the word “may” in a sentence contained in Artile 6 Section 12 of the Illinois Constitution - stating that a judge may stand for retention - meant that the judges might also choose election. His Feb. 23 ruling was appealed by Cook to the Fourth District Appellate Court.

Parties argued before the Fourth District panel that included Turner, as well as Justices Thomas Harris and Lisa Holder White, on June 7.

In the written opinion, the panel agreed that the word "may" indicates something that is "permissive rather than mandatory."

Cook responded to the ruling saying he wants to appeal the decision.

"I want to continue the fight for what is right and fair," he said. "However, I have a legal bill that is over $60,000 that I am personally responsible for. Without help from others, I am not certain I can continue to carry this burden alone."

Wells Fargo Bank NA filed a complaint on July 22 in Madison County Circuit Court against Home Buyers Relocation Services Inc. and Dr. Merril Ottwein alleging breach of contract.

According to the complaint, the plaintiff alleges that it has suffered monetary damages for not receiving payment in the sum amount of $100,100.39 from the defendants. The plaintiff holds Home Buyers Relocation Services Inc. and Ottwein responsible because the defendants allegedly failed and refused to pay the total amount owed that remains due and owing on the business line of credit.

The plaintiff requests a trial by jury and seeks judgment against defendants in the amount of amount of $100,100.39, and such further amount as the court may deem just and proper. It is represented by Nicholas J. Frisone of Heller and Frisone LTD in Chicago.

Madison County Circuit Court case number 16-L-1042

Mary K. Lytle Gaines filed a complaint on July 21 in the Madison County Circuit Court against Charles M. Jerden alleging negligence.

According to the complaint, the plaintiff alleges that on Aug. 29, 2014, while she was driving in the city of Venice, the rear of her car struck by the defendant. She alleges she was badly injured and suffered from mental anguish, lost earnings and sustained property damage. The plaintiff holds Charles M. Jerden responsible because the defendant allegedly drove while distracted, failed to keep a proper lookout and failed to timely apply brakes.

The plaintiff requests a trial by jury and seeks judgment against defendant in a sum of more than $50,000 and the costs of this suit and whatever the court deems appropriate. She is represented by Gregory M. Tobin of Pratt and Tobin PC in East Alton.

Madison County Circuit Court case number 16-L-1036

RLJ Lending Co. filed a complaint on July 22 in the Madison County Circuit Court against Michael C. Anderson alleging breach of contract.

According to the complaint, the plaintiff alleges that it has been damaged for not collecting payments for the loan in the total amount of $90,000, plus interest at the rate of 9 percent per annum. The plaintiff holds Michael C. Anderson responsible because the defendant allegedly failed to make payment for his indebtedness of the amount due under the note.

The plaintiff requests a trial by jury and seeks judgment against defendant in the sum amount of $90,000, plus interest, attorneys' fees, court costs and such other relief as the court deems just and equitable. It is represented by Philip H. Hamilton of Farrell, Hamilton & Julian PC in Godfrey.

Madison County Circuit Court case number 16-L-1041

Susan M. Henke filed a complaint on July 21 in the Madison County Circuit Court against Grant F. Bradley alleging negligence.

According to the complaint, the plaintiff alleges that on July 23, 2014, while she was driving southbound on St. James Road, she was violently struck by the defendant. She suffered physical injuries and mental suffering, medical expenses, loss of wages and disfigurement. The plaintiff holds Grant F. Bradley responsible because the defendant allegedly was driving on the wrong side of the road, failed to reduce speed and was not looking out for other vehicles.

The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount of more than $50,000 and the costs of this suit. She is represented by William J. Knapp and Joseph F. Grawbowski of Knapp, Ohl and Green in Edwardsville.

Madison County Circuit Court case number 2016-L-1033

James Rushing filed a complaint on July 22 in the Madison County Circuit Court against Gery Lee Forbes, Alice Goulie, David McEuen and Tracy McEuen alleging negligence.

According to the complaint, the plaintiff alleges that on April 21, he was lawfully on the premises at 125 Cooper in East Alton for a social visit with defendant Forbes, who leased said premises with defendants McEuens. On that day, the suit states the plaintiff tripped and fell on a pile of fencing material, causing him to injure his shoulder that resulted in pain, disability and medical expenses. The plaintiff holds Forbes, Goulie, David McEuen and Tracy McEuen responsible because the defendants allegedly failed to provide adequate illumination in the area, failed to warn him of the fencing debris near the wood pile and failed to provide safe ingress and egress.

The plaintiff requests a trial by jury and seeks judgment against defendants in an amount of more than $50,000, plus costs of this suit. He is represented by Lanny Darr of Darr Law Office LTD in Alton.

Madison County Circuit Court case number 16-L-1040

Sherry Mazzarella filed a complaint on July 25 in the Madison County Circuit Court against Wood River Healthcare & Rehabilitation Center LLC, doing business as Integrity HC of Wood River, alleging negligence.

According to the complaint, the plaintiff alleges that on Jan. 25, she was left unattended in the bathroom of the defendant's facility. The suit states that as she was attempting to return herself to her bed, she fell, causing her to sustain a hip fracture, knee injury, contusions and abrasions and further suffer great pain and anguish and permanent disability. The plaintiff holds Wood River Healthcare & Rehabilitation Center LLC responsible because the defendants allegedly failed to provide immediate medical treatment after the accident, negligently failed to provide assistance and failed to ensure that she was free from neglect.

The plaintiff requests a trial by jury and seeks judgment against defendants in the sum of more than $50,000, costs of this suit and such other relief as the court deems just. She is represented by Robert H. Gregory of Law Offices of Robert H. Gregory in East Alton.

Madison County Circuit Court case number 16-L-1044

EDWARDSVILLE — A widow is suing medical providers, alleging insufficient measures were taken to prevent her husband's death.

Barbara Dittmar, as independent administrator of the estate of Ronald L. Dittmar, filed a lawsuit July 25 in Madison County Circuit Court against Dr. James A. Klefoth, Alton Multispecialist Ltd., Alton Memorial Hospital and registered nurses Nancy Hott and and Cinda Kallal, alleging wrongful death in failing to properly evaluate her husband's laboratory results prior to his operation.

According to the complaint, Ronald L. Dittmar suffered from poestoperative complications following his hemicolectomy surgery April 13, 2015, including necrosis of anastomosis in the right lower quadrant of his abdomen and intraabdominal hemorrhage. The suit says these conditions caused his death April 22, 2015. 

The plaintiff alleges the defendants failed to delay discharge and failed to follow up on Dittmar's condition despite the message relayed by his wife.

Barbara Dittmar seeks trial by jury and judgment of more than $50,000. She is represented by attorneys Steven M. Levin and Mary K. Volk of Levin & Perconti in Chicago.

Madison County Circuit Court case number 16-L-1047

The Fifth District Appellate Court affirmed the Village of Caseyville’s approval of a solid waste transfer station despite objections from Roxana Landfill Inc. and Fairmont City.

The appeal came as a petition for review of the order of the Illinois Pollution Control Board, IPCB, affirming Caseyville’s decision to allow the transfer station, which will service St. Clair, Madison and Monroe Counties.

Roxana Landfill Inc. and Fairmont City filed the appeal against the IPCB, Village Board of the Village of Caseyville, the Village of Caseville, Caseyville Transfer Station and the Illinois Board of Trustees.

Justice S. Gene Schwarm delivered the Rule 23 decision of the court on July 25, concluding that the Caseyville Transfer Station LLC, or CTS, met the criteria for siting a solid waste transfer station within the boundaries was not against the manifest weight of the evidence, that Caseyville properly exercised jurisdiction over the proceedings and that the proceedings were “fundamentally fair.”

Justices Judy Cates and James Moore concurred in the decision.

CTS, sought local siting approval to develop a municipal solid waste transfer station, wherein waste collected from residences and businesses by conventional collection vehicles would be transferred into transfer trailers for transport to licensed municipal solid waste landfills for final disposal. The company states that it doesn't intend for any waste to be stored at the transfer station.

CTS’s proposed transfer location is located on a five-acre parcel on the southwest corner of the intersection of Bunkum Road and the Harding Ditch, which is within Caseyville’s municipal boundaries. The company seeks development of a 6,000 square foot transfer station building that could accept 300 tons of non-hazardous municipal solid waste per operating day.

CTS expects the waste to primarily come from residents and businesses located in St. Clair County, but some waste is expected to come from residents and businesses in Madison and Monroe Counties.

CTS mailed notice of its intent to file a siting application with Caseville to owners of property within 250 feet of the site and to members of the General Assembly from the legislative district in which the site was located. Then on Jan. 23, 2014, CTS published the notice in the Belleville News Democrat.

On Feb. 10, 2014, CTS owner John Siemsen delivered the application for siting approval to the Caseyville Village Hall.

CTS explained in its application that the transfer station would decrease transportation costs and extend the useful life of landfill facilities within the service area.

Caseyville held a hearing on the application on May 29, 2014, at the local community center. Two members of the Village Board were present. Roxana Landfill and Fairmont City appeared through counsel as participants and objected to the application.

Citizens also raised concerns over the potential odor resulting from the station, the increase in traffic on Bunkum Road and how it would affect school bus routes.

Both Roxana Landfill and Fairmont City provided expert witnesses at the hearing to show why they thought the transfer station was unnecessary and inconvenient.

Ultimately, Caseyville granted CTS’s application on Aug. 6, 2014.

Roxana Landfill and Fairmont City responded by petitioning the IPCB to review Caseyville’s siting decision. Their petitions were consolidated.

They argued that Caseville did not have jurisdiction to conduct the hearing because CTS’s filing of the application may not have occurred on the date stated in the prefiling notices, that the procedures used at the hearing were not fundamentally fair and that Caseville erred in granting CTS’s application for approval.

A hearing was held on Oct. 28, 2014.

On Dec. 18, 2014, the IPCB affirmed Caseyville’s approval, concluding that the petitioners failed to establish that Caseville lacked jurisdiction, they failed to establish that the procedures were unfair and failed to establish that Caseyville’s determination on any of the challenged criteria was against the manifest weight of the evidence.

The IPCB noted that the proceedings were not entitled to the same procedural protection as more conventional adjudicatory proceedings.

“The IPCB also found no evidence that any member of the public who wished to be present was turned away or denied the opportunity to offer public comment,” the appellate decision states.

“The IPCB noted that the CTS service area did not currently have a municipal solid waste transfer station, that the region had few municipal solid waste transfer stations, and that the proposed transfer station would promote competition, convenience, and efficiency,” it continues.

On Feb. 19, 2015, IPCB denied the petitioners post-judgment motion for reconsideration. Roxana Landfill and Fairmont City appealed on March 23, 2015.

The appeals court agrees with the IPCB’s finding that CTS timely submitted its application, meaning Caseyville had jurisdiction over the matter.

As for “fundamental fairness,” the petitioners argue that Caseyville failed to make CTS’s application available to view on Feb. 10, 2014, Siemsen was not sworn in so the public participants were not provided an opportunity to cross-examine him, the forum for the public hearing was too small to hold the citizens who wanted to engage in the siting process and Caseville accepted untimely post-hearing comments.

The appeals court concludes that the failure to produce copies of the application at an early stage in the proceeding “does not necessarily deprive petitioners of a fundamentally fair process.”

“Neither petitioner has shown that it or any member of the general public was denied access to the application,” the decision states.

In fact,108 days elapsed from the filing date to the public hearing.

Further, Caseyville Mayor Leonard Black opened the hearing to questions or comments when the petitioners declined to question Siemsen.

“Neither petitioner has shown any prejudice as a result of the procedures used at the siting proceedings, and neither made an offer of proof as to what it would have asked Siemsen had he been placed under oath. No limit was placed on their ability to offer evidence, question the applicant, or give comment.

"The petitioners thereby failed to demonstrate that they were prejudiced by the procedures; thus, they failed to meet their burden of establishing that the proceedings were unfair,” the decision states.

The appeals court also concludes that Roxana Landfill failed to present to the IPCB any evidence that Caseyville’s procedures prevented any person who wished to participate in the proceedings from doing so.

“Instead, the Village kept the public hearing open until all who wished to comment had the opportunity to do so,” the decision states.

As for the alleged untimely post-hearing comments, the appeals court agrees with the IPCB that the local authority is not required to reject comments received outside of the 30-day post-hearing time frame.

The petitioners further argue that the IPCB’s decision to affirm Caseyville’s siting approval was against the manifest weight of the evidence.

The appeals court disagrees, stating that “where the evidence is conflicting, this court should not reweigh the evidence or substitute its judgment for that of the agency.”

St. Clair, Madison and Monroe Counties filed a joint amicus curiae brief, as did Canteen Township. Caseyville filed a motion to strike the brief filed by St. Clair, Madison and Monroe Counties. The appeals court affirmed the IPCB’s decision and denied the motion to strike.

BELLEVILLE — Three passengers are suing a Taylorville motorist, alleging her negligence caused a car crash that injured the plaintiffs. 

Ratoya Stewart, as next friend of Cierra Cruise, a minor, and Crysta Cruise filed a lawsuit July 8 in St. Clair County Circuit Court against Traci Bentley of Taylorville, alleging negligence in breaching her duty to protect others.

According to the complaint, on July 19, 2015, the plaintiffs y were passengers in an automobile traveling in a northwesterly direction on Cheney Street in Taylorville when Bentley's automobile suddenly struck their vehicle they were riding, damaging the entire front right side of the car. The suit says the crash caused the plaintiffs to sustain injuries that resulted in physical pain, medical care and expenses, physical impairment, mental anguish and loss of earnings. 

The plaintiff alleges Bentley failed to keep a careful lookout, failed to swerve to avoid the collision and failed to come to a timely stop to avoid collision.

Stewart seeks a trial by jury, judgment of more than $50,000 and other relief the court deems just and proper. She is represented by attorney N. Ryan Mayfield of The Law Offices of Roderick C. White in St. Louis.

St. Clair County Circuit Court case number 16-L-348