EDWARDSVILLE — An estate administrator is suing an Alton fitness center, alleging its negligence caused the death of a relative.

Julie Stamper, special administrator of the estate of Louis Stamper, filed a lawsuit Aug. 22 in Madison County Circuit Court against Metro Sports Inc. - Twin River Services Ltd., alleging breach of duty of ordinary care in the operation of its business.

According to the complaint, on Nov. 30, 2015, Louis Stamper was at the defendant's facility in Alton, using its hot tub/jacuzzi. The suit says excessive water temperature caused Stamper to sustain internal and external injuries that resulted in his death. 

The plaintiff alleges the defendant failed to properly maintain its hot tub/jacuzzi, failed to have adequate staff on duty and failed to warn patrons of the excessive hot temperature of the water.

Julie Stamper seeks a trial by jury, judgment of more than $50,000, plus costs of suit and whatever remedies are deemed appropriate. She is represented by attorney Gregory M. Tobin of Pratt & Tobin PC in East Alton.

Madison County Circuit Court case number 16-L-1181

EDWARDSVILLE — A customer is suing an Alton storage facility owners, alleging they owe the plaintiff $90,000.

Barbara Little filed a lawsuit Aug. 19 in Madison County Circuit Court against Joseph Weber, doing business as Riverbend Storage, Joseph M. Weber and Jennifer K. Weber,   alleging breach of contract and negligence in failing to take reasonable care of their storage facility.

According to the complaint, Little suffered damages to her properties that were stored at Riverbend Storage due to a fire. The suit says the items had a total value of at least $90,000. 

The plaintiff alleges the defendants permitted a homeless individual to rent and live in the storage facility unit adjacent to Little's unit. The individual used a candle, knocked it over and stated a fire that spread to Little's unit.

Little seeks trial by jury, judgment of at least $90,000, plus legal costs and interest and all relief the court deems just and proper. She is represented by attorneys Christopher W. Byron and Christopher J. Petri of Byron Carlson Petri & Kalb LLC in Edwardsville.

Madison County Circuit Court case number 16-c-1171

EDWARDSVILLE — A Madison County man is suing an Edwardsville bar and its owners, alleging they negligently failed to prevent an assault.

Richard C. Munsterman filed a lawsuit Aug. 8 the Madison County Circuit Court against Big Daddy's, Arthur Risavy, Steven J. Siebert, Timothy M. Bauer, James J. Sinovic, Jr and Bubbaslicebone Inc. doing business as Big Daddy's Edwardsville, alleging that they violated the Dram Shop Act.

According to the complaint, on Oct. 22, 2015, Munsterman was at Big Daddy's when intoxicated individuals assaulted him. The suit says this assault caused severe injuries to the plaintiff's jaw and vertebrae that required medical treatment and expenses. 

The plaintiff alleges the defendants sold alcoholic beverages to patrons that caused them to become intoxicated and assault Munsterman.

Munsterman seeks a trial by jury, judgement against each defendant of more than $50,000, plus costs of suit. He is represented by attorneys Edward W. Unsell and Fred Patrick Schumann of Unsell & Schuman in East Alton.

Madison County Circuit Court case number 16L1125

BELLEVILLE — Ameren Illinois is suing an excavating company for allegedly cutting an underground cable. 

Ameren Illinois Company filed a lawsuit Aug. 1 in St. Clair County Circuit Court against Hank's Excavating & Landscaping Inc., alleging failure to comply with the Illinois Underground Utility Facilities Damage Prevention Act.

According to the complaint, on July 9, 2015, Hank's Excavating employees were doing excavating work near the plaintiff's electric cable in Cahokia. While doing work, the encased electric cable was allegedly hit and damaged, causing Ameren Illinois to incur damages of at least $62,540.50. 

The plaintiff alleges Hank's Excavating breached its duty to act reasonably  and failed to cover and protect the electric cable to keep it from being damaged.

Ameren Illinois seeks trial by jury, judgment of $62,540.50, plus pre-judgment interest and costs of suit. It is represented by attorney Edward Q. Costa of Samuels, Miller, Schroeder, Jackson & Sly LLP in Decatur.

St. Clair County Circuit Court case number 16-L-401

BELLEVILLE — A student loan provider is suing two St. Clair County residents, alleging the defendants owe more than $59,000. 

The Higher Education Loan Authority of the State of Missouri filed a lawsuit Aug. 1 in St. Clair County Circuit Court against Holland E. Jurak, also known as Holland Lewis, and Debra L. Lewis,  alleging they failed to comply with the promissory note.

According to the complaint, the plaintiff has suffered monetary damages for not collecting payment for $59,700.77. The plaintiff alleges Jurak and Lewis have failed and refused to pay for the balance that remains unpaid.

The Higher Education Loan Authority of the State of Missouri seeks trial by jury, judgment, jointly and severally, for $59,700.77, plus interest, attorney fees and court costs. It is represented by attorney Brad Pierce of St. Louis. 

St. Clair County Circuit Court case number 16-L-402

BELLEVILLE — An East Carondolet woman is suing Bond Drug and Walgreen, alleging their negligence cause her to fall at a store and suffer injuries.

Jennifer Goss filed a lawsuit Aug. 5 in St. Clair County Circuit Court against Bond Drug Company of Illinois LLC, Cole WG Cahoka IL LLC and Walgreen Co., alleging negligence in failing to keep their store in a reasonably safe condition.

According to the complaint, on Sept. 20, 2014, Goss stopped at a Walgreens in Cahokia to purchase household items. While walking through the store, Goss claims she slipped and fell.

The fall, the lawsuit states, caused Goss to sustain injuries, resulting in physical pain, mental anguish, plus medical care expenses.

The plaintiff alleges the defendants allowed the wet and slippery condition to exist on their property, failed to warn her of the slippery condition and failed to clean up or otherwise make safe a wet and slippery condition.

Goss seeks trial by jury, judgment of more than $50,000, plus costs of suit, and all relief the court deems just and equitable. She is represented by attorney Mark C. Scoggins of Crowder & Scoggins Ltd. in Columbia.

St. Clair County Circuit Court case number 16-L-408

Critics of bloated state government point to the Illinois Workers Compensation Commission (IWCC) as a prime example of inefficiency.

While the system was reformed in 2011 to include reduced medical fees and higher causation standards, conservative lawmakers say reforms didn't go far enough. They say the system is still the most expensive compared to other Midwest states, which ultimately hurts the economy because businesses are discouraged from locating in Illinois.

Annual reports produced by the IWCC back this up, showing that workers are more frequently injured in Illinois and the duration of their disability is longer compared to surrounding states.

State Rep. Dwight Kay (R-Glen Carbon), who's served on the State Workers’ Compensation Program Advisory Board since 2011, said the state's law which was designed to give injured workers prompt compensation outside the court system - without having to prove negligence - is archaic and outdated.

The law was written during the Industrial age when workplaces were much more dangerous, Kay said, but today the law is not reflective of modern day work places that are significantly more safe.

IWCC statistics show that the number of new cases being filed has been declining for the past decade. In the last five years, there's been a 23 percent drop in new cases in Illinois. In fiscal year 2011, there were 52,547 new claims; in fiscal year 2015, there were 42,758.

While the IWCC is expected to adopt an electronic filing system - having put out a request for proposals earlier this year - that's only one necessary step toward transforming the system, Kay said.

Building other sensible efficiencies into a system that is funded entirely by employers "seems like a no-brainer," he said, except for resistance that is "purely political."

Cutting staff should not be an "unexpected" consequence of making operations more efficient, he said..

"In business when automation and technology come along, to stay profitable, invariably, there will be loss of employees," he said.

"Why should taxpayers pay for unnecessary jobs?" he said. "That's not fair."

He said the House and Senate should be getting behind efforts to modernize IWCC, and that agencies such as the Department of Insurance and Central Management System should join in.

But, he also pointed out that Illinois has a reputation for one of the worst legal climates in the nation, and that elements of the legal community do not want to reform work comp.

Some use it as a "cash cow," he said.

"Lawyers don't want the system changed," Kay said. "The slower it works the better. Those hours build up. It seems to me the longer the case takes the more value it has at the end payout. I've seen it myself."

One of the commission's five offices is located in Collinsville. It currently oversees 3,555 active cases, some of which date back to 2004 involving injuries alleged to have occurred in 2003.

Defense attorney Eugene Keefe of Chicago writes regularly on IWCC matters in a weekly blog. He points out that 12 years ago under the Blagojevich administration the IWCC budget tripled from $10 million to $30 million, and staffing also ballooned at a time when there were approximately 70,000 new claims per year.

Keefe said that in the Blagojevich administration, the number of arbitrators went from 15 to 30; the number of commissioners increased from six to nine, with commissioners gaining two full-time attorneys.

"If the 27 combined commissioners including their staff each decided one disputed claim a week, they would have nothing to do in about six weeks, as they would exhaust all their assignments," Keefe stated.

The Illinois Trial Lawyers Association, however, touts the 2011 work comp reform law as a success for having reduced costs for employers. It blames the insurance industry for not passing on savings to employers.

"It is clear the 2011 rewrite of our state’s workers’ compensation laws is producing its intended result: lower costs for insurance companies and employers," ITLA notes in a quarterly newsletter published on Friday.

It says that insurance rate-making agency National Council on Compensation Insurance (NCCI) has found that employers should see a 12.9 percent rate reduction in 2017, in part due to an average 15 percent reduction in per-claim payments.

"It is irrefutable that costs in Illinois are dropping for insurers; however, those savings are not being passed onto employers," the ITLA newsletter says.

"Any further changes to workers’ compensation laws in Illinois must focus on insurance reforms and oversight. Cries for more so-called reforms will only further erode the rights of injured workers and help to boost the insurance industry’s bottom line by shifting the burden to care for the injured onto the taxpayers."

Decentralizion of power

Rep. Kay has repeatedly stated that if the state of Illinois was a business, it would have been a prime candidate for bankruptcy long ago. 

The system of government that is most notably broken and responsible for the state's insolvency are its unfunded pension liabilities.

But whether the call is to reform pension systems or a system such as IWCC, Kay said that "no one is getting that message."

Jared Labell, executive director of Taxpayers United of America and a frequent critic of Illinois government pension systems, said that it is "absolutely unfair" to expect taxpayers to fund government operations that are inefficient and overly expensive.

"Unfortunately, that seems to be the nature of government as we know it in America, and certainly in Illinois - inefficient, expensive, and in many cases, counterproductive to economic progress and prosperity," he said.

He said the future should be one of decentralization of power. He pointed to the innovations of companies like Uber and Lyft, and payment services like PayPal and Google, and digital currency such as Bitcoin whose advancements make government "irrelevant by breaking up monopolies in government services and regulations."

"Government institutions are quickly falling behind the times as technology, innovation, and the entrepreneurial spirit are rapidly advancing in wonderful and surprising ways," Labell said.

"The private sector is the productive sector, while the government is mostly a hindrance to progress, trade, and prosperity."

He encouraged the Rauner administration to lead the way by "realizing this and capitalizing on the opportunity to broaden the discussion of the role of government as we know it in 2016, because times are changing quickly."

Not too many Chicago attorneys enjoy household name recognition in the Metro-East, but one connected to powerful Democratic Illinois House Speaker Michael J. Madigan may come close.

Michael Kasper, who at Madigan's behest successfully sued to keep the Independent Maps Amendment off the November ballot, also has successfully kept three local judges on the ballot in November - at least so far.

Time will tell whether the Illinois Supreme Court, as it did on Aug. 25 in upholding Kasper's arguments to keep legislative redistricting in the hands of politicians, will again side with Kasper in his representation of Circuit Judges John Baricevic, Robert LeChien and Robert Haida.

The St. Clair County judges' candidacies have been challenged by Dallas Cook, Belleville City Clerk, who argues that the judges have circumvented election law by running for election as if for the first time in violation of the state constitution.

Cook is represented by St. Louis attorney Aaron Weishaar, who is expected to appeal a lower court decision in favor of the judges to the Illinois Supreme Court by Wednesday.

Whatever decision the justices make will ultimately affect them personally when they contemplate future runs for office.

Last August, the St. Clair County judges submitted resignations 16 months in advance to be effective when their current terms expire this December. They did so in order to run for election to the vacancies their resignations created, rather than to run for retention.

Running for election on a partisan ballot requires a simple majority to win, versus retention which requires a higher threshold of three-fifths voter approval, or 60 percent.

In spite of a 40-plus year record of all Illinois judges (except one) running on non-partisan retention ballots to keep their seats, Kasper - on behalf of Baricevic, LeChien and Haida - adopted a position that nothing in the Illinois State Constitution, the constitutional convention record, the state Election Code or any legal precedent has ever suggested that retention is the exclusive path that a sitting judge must follow to seek a successive term.

Kasper argues that Article 6, Section 12(d) of the constitution, which pertains to judicial elections, provides that a sitting judge "may" file papers seeking retention, but that "it says absolutely nothing about what a sitting judge may not do."

"Of course, the plain meaning of the word 'may' is permissive," Kasper says.

Weishaar has argued that the judges are "undermining" the intent of the constitution.

He has argued that the word "may" in Section 12(d) gives sitting judges an obvious choice: "(they) may seek retention to stay on the bench, or they may walk away at the end of their term.”

In court briefs, Weishaar has written that the constitution clearly gives judges a right of retention and that nothing in it describes a process by which a judge has a right to choose if he wants to run a partisan race or run on his own record.

The framers of the constitution gave voters the power “to cast out a judge whose performance was not good enough to get approval of 60 percent of the electorate," he wrote.

“Once on the bench, a judge should be independent from political pressures unlike those of the political branches of government.”

Weishaar has further written that allowing judges to run in partisan elections would open a door for them to be influenced by those who contribute the most to their campaigns.

The only other time in state history that a judge resigned in order to run for election - thereby avoiding a close retention vote - occurred in 2006 when another judge from St. Clair County, Lloyd Cueto, did the very thing Baricevic, LeChien and Haida are attempting.

Judges battle to stay on bench

Running as Democrats, the Twentieth Judicial Circuit judges seated in St. Clair County were elected in their party primary in March. Two of the three - Baricevic and LeChien - will face opposition from Republicans Ron Duebbert and Laninya Cason, respectively, if their candidacies are deemed valid by the Supreme Court.

To date, Kasper has come out on top at every level of challenge - first at the Illinois State Board of Elections where a 4-4 partisan vote allowed their candidacies to stand.

Cook then filed suit in Sangamon County Circuit Court, where Associate Judge Esteban Sanchez found that the word “may” contained in the relevant part of the constitution means 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 Justice John W. Turner, Thomas Harris and Lisa Holder White, on June 7.

On July 28, the panel agreed that the word "may" indicates something that is "permissive rather than mandatory."

Southern Illinois University-Carbondle law professor Steven Macias criticized the decision.

By agreeing "may" indicates something that is "permissive rather than mandatory," as the opinion said, it seems "some judges think it is entirely unproblematic to treat a legislative drafter's handiwork as nothing more than a collection of words with no overarching purpose," he said.

"They interpreted individual words and phrases rather than Section 12 as a whole, as a unified constitutional provision with a clear purpose."

When asked why he thought the appellate court panel ruled as it did, Macias offered: "The forgiving reading is that some judges, perhaps many, tend toward literalism because it's the simplest thing to do. It doesn't require all that much thinking or grappling with text. The less generous reading is that judges, being self-interested individuals, find it appealing to have more, rather than fewer, options for reelection."

Madigan's political map-making prevails

Kasper, with the law firm of Hinshaw & Culbertson, also serves as general counsel for the Illinois Democratic Party. His resume includes past representation of President Obama and former President Clinton in election litigation. He also is known for having successfully defended litigation that challenged the residency status of Chicago Mayor Rahm Emanuel during his first campaign in 2011.

Emanuel served as Obama's first chief of staff from Jan. 20, 2009 until Oct. 1, 2010.

In the recent challenge against the Independent Map Amendment, Kasper filed suit in Cook County Circuit Court in May on behalf of a group identified as People’s Map.

In July, Cook County Circuit Judge Diana Larsen sided with Kasper.

Proponents of the referendum then filed a direct appeal with the Illinois Supreme Court, which last week upheld Larsen's ruling 4-3. The court opinion, authored by Justice Thomas Kilbride held that the amendment's language did not meet state constitution requirements for citizen amendments.

The proposed referendum was launched as an attempt by a group of Illinoisans seeking to wrest out of the hands of the Illinois General Assembly - and the party leaders that dominate it - the task of redrawing Illinois’ legislative district maps every 10 years. Critics of the current process have said the process is needlessly political and partisan, resulting in odd-shaped gerrymandered districts which produce situations in which incumbents and party leaders can unduly influence the process of selecting who represents Illinois voters in Springfield.

Supporters of the current process, including Madigan, however, have said the process should be controlled by officials elected by voters, and not an independent group selected by other means.

The Independent Map Amendment proposal, for instance, sought to entrust the task of redrawing legislative districts to an 11-member committee selected by the Illinois Auditor General, two justices of the Illinois State Supreme Court and others, and would be charged with the task of determining legislative district boundaries based on, among other factors, the total population of the district, while respecting minority populations, city limits and other community boundaries.

The group behind the Independent Map Amendment included both Democrats and Republicans, and leaders in Illinois commerce and civic organizations, including chairman Dennis Fitzsimmons, chair of the Robert R. McCormick Foundation and former chairman and CEO of Tribune Company; former Illinois Gov. Jim Edgar; Bill Daley, former Secretary of Commerce under former President Bill Clinton and brother of Mayor Richard J. Daley; Sylvia Puente, executive director of the Latino Policy Forum; Rosanna Marquez, state president, AARP Illinois; Mary Kubasak, president, League of Women Voters of Illinois; Don Thompson, former CEO, McDonald’s; and former Illinois Lt. Govs. Sheila Simon and Corinne Wood, among others.

The People’s Map lawsuit was filed on behalf of a group including Chicago Housing Authority Board Chair and former executive vice president of ComEd John Hooker; Chicago Board of Education President and former ComEd chairman and CEO Frank Clark; the Rev. Leon Finney, a community organizer and head of the nonprofit Woodlawn Community Development Corporation; former CHA chair and housing developer Elzie Higginbottom; Raymond Chin, chairman of the board of the Chinatown Chamber of Commerce; Fernando Grillo, senior vice president of investment banking firm Estrada Hinojosa and former head of the Illinois Department of Financial and Professional Regulation; Jorge Perez, executive director of the Hispanic American Construction Industry Association and appointed member of Mayor Rahm Emanuel’s Chicago Community Development Commission; and Craig Chico, president of the Back of the Yards Neighborhood Council on Chicago’s South Side.

While the Independent Map Amendment had secured double the number of signatures required to put the amendment on the November ballot - 563,000 - the People’s Map lawsuit asked the court to declare the Independent Map Amendment cannot be placed on the ballot because it allegedly violates several safeguard provisions in the Illinois state constitution.

The lawsuit said the amendment would “remove the authority of the democratically elected General Assembly and the Governor to enact redistricting legislation by law and replace it with a system involving the Auditor General, two members of the Supreme Court, and two new unelected government bodies.”

This would violate Article XIV of the state constitution, the lawsuit said, because it would impose new duties on the Auditor General; strip the state Supreme Court of its oversight of the redistricting process; require Supreme Court justices to declare a political affiliation; and doesn’t allow the Illinois Attorney General to sue “in the name of the People of the State of Illinois concerning redistricting.”

The lawsuit alleged the Independent Map Amendment would also violate Article III of the state constitution by presenting “separate and unrelated questions in a single ballot proposition.”

Jonathan Bilyk contributed to this report. 

BELLEVILLE — A Belleville woman is suing a Red Bud motorist, alleging his negligence caused a vehicle crash that injured the plaintiff. 

Ebonee Massey filed a lawsuit Aug. 11 in St. Clair County Circuit Court against Nicholas Prestito, alleging the defendant carelessly and negligently operated his vehicle.

According to the complaint, on Oct. 30, 2015, she was traveling westbound on state Route 15 near its intersection with South 11th Street in Bellevile. The suit says Prestito was traveling behind plaintiff's vehicle when it suddenly collided with Massey's car.

The lawsuit states the crash caused Massey serious injuries that resulted in great physical pain and caused her to incur medical expenses. The plaintiff alleges Prestito failed to exercise ordinary care, failed to keep proper lookout and failed and omitted to give or sound any signal or warning.

Massey seeks a trial by jury, judgment of more than $50,000 for compensatory damages, costs of suit and all other relief as the court deems appropriate. 

She is represented by attorney Patrick L. Mickey of Brown & Crouppen PC in St. Louis. 

St. Clair County Circuit Court case number 16-L-425

EDWARDSVILLE — A Madison County man is suing health care providers, alleging their negligence caused the wrongful death of his mother.

Reginald Adam Blankenship, as administrator of the estate of Debra Lee Blankenship, filed a lawsuit Aug. 22 in Madison County Circuit Court against Dr. David Harmon, Dr. Lester Crancer and Illini Medical Associates SC, alleging violation of the Illinois Wrongful Death Statute and asserting the Illinois Survival Act Statute.

According to the complaint, on Nov. 12, 2015, Debra Lee Blankenship came under the care of defendants. The suit says that as a result of the defendants' negligence, she died Nov. 16, 2015. 

The plaintiff alleges the defendants failed to timely order gastroenterology consultation, failed to order appropriate testing and failed to perform an appropriate physical examination.

The lawsuit states Reginald Blankenship suffered permanent damages for loss of love, companionship, society and guidance. 

Reginald Blackenships seeks a trial by jury, judgment against each defendant for more than $75,000, plus costs of suit. He is represented by attorney Samantha S. Unsell of Keefe, Keefe & Unsell PC in Belleville.

Madison County Circuit Court case number 16-c-1182