Madison - St. Clair Record

AUGUST 29, 2016

BELLEVILLE

$87,000- 1403 LEBANON AVE. - MARK ONSTOTT TO ALAINA ALLEN
$268,000- 3243 ROAN HILL DR. - ROBERT L. AND LYNN A. ECKERT TO AARON AND CHELSEA CAMPBELL
$107,000- 415 COOLIDGE DR. - KATHRYN KOHLMEIER TO CAROLYN SCHULTZ
$188,900- 1608 EASTHAVEN DR. - FIRST COUNTY BANK TO KENNETH AND LORI SCHWAHN
$374,000- 4089 TOWBRIDGE PL. - KENNETH E. AND LORI A. SCHWAHN TO KENNETH PERSON
$327,000- 4215 WOODFIELD PL. - ANYE K. WOLFF TO DONALD AND SONYA REYNOLDS
$88,500- 41 LUCINDA AVE. - DAVID W. AND SARAH A. ZIMMERMAN TO STEPHEN L. HINKLE
$95,000- 47 CLINTON HILL DR. - JESSE WILLIAMS AND AMANDA L. BECKER WILLIAMS TO LOGAN TRACKWELL
$245,000- 114 HICKORY LAKE - MICHAEL AND ELIZABETH MILLER TO ANTHONY AND JESSICA CARTER
$54,413- 210 N. 48TH ST. - NATIONSTAR MORTGAGE TO SECRETARY OF HUD
$232,500- 325 SUNDEW DR. - KRISTINE, KEVIN AND KEITH MARQUARD TO DARRELL E. AND DIANE E. SIMMONS

CAHOKIA

$778,125- 1608 AND 1604 CAMP JACKSON RD. - WSB CAHOKIA TO BEV GROUP

CASEYVILLE

$105,000- 113 E. BROOKHAVEN - DEBORAH BARBAROTTO TO MICHAEL TRAMPS
$78,000- 305 W. LINCOLN ST. - LORAN EUGENE BUMPUS AND LEON M. WELCH TO JUDITH A. KEILBACH

CENTREVILLE

$14,000- 6401 CHURCH RD. - CUTTLEFISH REAL ESTATE TO RODNEE POPE

DUPO

$120,000- 429 AUDRY DR. - KEVIN AND ROBYN KUHN TO DEANNA HOLLIDAY

FAIRVIEW HEIGHTS

$200,000- 6808 TARA MANOR DR. - LEONARD AND MELISSA VULTORO TO JEREMY AND JODY SHELDON
$98,000- 46 POTOMAC DR. - PAUL M. KIEFFER AND JILLA TAHERI KIEFFER TO MARIA DOLORES V. DUARTE
$75,000- 313 DOGWOOD LN. - MARY ALICE WESSEL TRUST TO KEN JONES
$243,000- 6808 BRANDYWINE CT. - AMANDA S. HETZEL TO STEVEN D. PHELPS AND SABRINA T. SHUGARS

FREEBURG

$166,500- 112 WESTVIEW DR. - CLARK AND JULIE ROWDEN TO JEFF AND ALICIA CARMACK
$325,000- 811 NIEBRUEGGE LN. - ERIC B. RUHE TO JASON RIGDON
$50,000- 5 W. WASHINGTON - DONALD L. SMITH TO MARLA J. SMITH

MASCOUTAH

$147,000- 212 FALLING LEAF WAY - JASON AND LINDA DILE TO JUSTIN AND SHANNON ETHERIDGE

MILLSTADT

$279,900- 4929 BARNWOOD LN. - JERON J. AND DEANNA L. HAAS TO LEROY H. AND MARILYN R. KISRO

OFALLON

$32,500- 1209 STONE HILL DR. - STONE BRIDGE ESTATES DEVELOPMENT CO. TO MCBRIDE STONE BRIDGE
$50,100- 613 W. JEFFERSON ST. - THE BANK OF NEW YORK MELLON TO AARON AND MELISSA PATON

SMITHTON

$232,500- 4807 RED CANYON CT. - SMITHTON CONSTRUCTION TO MARK HELREGEL
$177,000- 5140 SAND ROCK RD. - GARY L. AND THERESA A. HEURING TO JASON AND ANDREA L. HEURING

SWANSEA

$98,000- 205 LAKELAND BLVD. - ASHLEY N. LUBERDA TO HANNAH DOBRINICH
$50,000- 325 GILBERT ST. - SAMUEL A. AND TAMMY T. GODARD TO KEVIN P. HAIDER AND EMMA R. CARLILE
$229,000- 147 PAPILLON DR. - JEFF AND SUE BEAN TO DON AND SYLVIA THOMAS
$515,000- 4875 OLD COLLINSVILLE RD. - THOMAS A. AND COLLEEN M. MORY TO MUKIZA NTEZIMANA JONAS AND DORCAS NYIRAMANYAN

AUGUST 30, 2016

BELLEVILLE

$12,100- 416 N. 40TH ST. - SECRETARY OF HUD TO COVERT A. SOULE III AND CHRISTINA E. SOULE
$87,500- 4300 SHIRLEY DR. - RUSSELL AND TRACY MCCULLOUGH TO TURQUOIS WHITE
$473,000- 2828 TITLEIST DR. - MARK AND CINDY WHITE TO MICHAEL AND RHONDA LYONS
$42,500- 2901 VERNIER AVE. - REGIONS BANK TO MATTHEW MCCAULEY
$25,000- 4100 SHIRLEY DR. - EMILY PETTIGREW CUSHMAN TO T&L CONSTRUCTION MANAGEMENT

CAHOKIA

$10,000- 703 FALL ST. - ROBERT DURRY TO FREDERICK LEE NIKELLS
$11,000- 333 SAUGET AVE. - ASSOCIATED BANK TO RYAN L. AND DAVID A. SEIB

CASEYVILLE

$54,000- 242 OLIVER ST. - SECRETARY OF HUD TO MICHAEL A. AND KAREN GALE

COLUMBIA

$120,000- 1550 RUECK PKWY. - FRANK J. BEELMAN III TO STEVEN M. AND RENEE E. DOYLE

FAIRVIEW HEIGHTS

$87,560- 32 PINE TR. - JPMORGAN CHASE BANK TO SECRETARY OF HUD
$40,000- 9506 RICHFIELD RD. - MTGLQ INVESTORS TO KELLI A. STEWARD
$113,000- 54 CONCORD DR. - AARON KLUCKER TO TARA L. STACEY

OFALLON

$340,000- 1150 ALBION CT. - CHARLES W. AMPADU TO HARVEY K. III AND KAREN S. GAITHER
$225,000- 1513 & 1515 ENGLISH PINE - K OHLENDORF PROPERTIES TO JUSTIN M. RENO
$116,000- 1510 ENGLISH PINE LN. - CORY AND KRISTY DAUGHERTY TO AMBER D. GILDON

SWANSEA

$123,000- 2 PENROSE DR. - STEVEN P. BUETTNER II TO BRIAN MORAN

AUGUST 31, 2016

BELLEVILLE

$124,900- 41 LAKESPUR - DERREK S. AND DANIELLE WHITE TO BILLIE J. AND TERESA L. RETTIG
$10,000- 708 E. WASHINGTON ST. - CHERYL HINDMAN TO W. CREAG BANTA
$60,000- 11 INDEPENDENCE DR. - SECRETARY OF VA TO MIDWEST PROPERTY RESOURCES
$1,000- 1024 WINSLOW RD. - JERRY F. ULCH III AND ELIZABETH A. OTTO AND JERRY L. ULCH TO JEFFREY LAWS

CAHOKIA

$18,000- 67 W. ADAMS DR. - BRIAN A. HERNANDEZ TO ST. LOUIS INVESTMENTS
$14,000- 210 ST. CHRISTOPHER LN. - HOMEFRONT PROPERTIES TO ST. LOUIS INVESTMENTS
$16,000- 20 W. ADAMS DR. - MILDRED AND TIMOTHY B. BLOODWORTH AND LINDA V. GAITHER TO JUAN PATTON
$20,000- 311 SAUGET ST. - MICHAEL R. AND ANGELA S. WILLIAMS TO ELITE PROPERITES INVESTMENTS

DUPO

$56,000- 521 TOMMY DR. - US BANK TO DEANNA HOLLIDAY

E. ST. LOUIS

$23,289- 1123 GOELZ DR. - DEUTSCHE BANK TO SHARON HEMPHILL

FAIRVIEW HEIGHTS

$137,500- 605 JOSEPH DR. - RAYMOND R. AND CRYSTAL A. DANN TO JAIME DAVIS
$110,000- 21 SHERYL DR. - PATRICIA DANCY TO DENNIS AND JANET MCLAUNN

LEBANON

$97,500- 555 ROGER DR. - FRANCIS R. RICHARDSON JR. TO MARK AND NEDRA GOODWIN

MASCOUTAH

$1,000- S. 10TH ST. - ADAM SMITH TO CITY OF MASCOUTAH

MILLSTADT

$85,500- 409 W. VAN BUREN ST. - JILL M. PUCKETT TO CASEY M. BRUMIT

OFALLON

$62,000- 425 PONDEROSA DR. UNIT 6 - JOAN P. HARMON TO KENNETH R. AND KATHERINE L. STEIN
$68,000- 506 S. VINE ST. - DENNIS R. JOHNSON TO MELANIE HENDRICK
$256,000- 1109 PEACHTREE CT. - ALBERT W. JR. AND JENNIFER D. SECREST TO DAVID LAWRENCE CHEWNING AND JOYCE CHEN LIU
$210,000- 700 ALADAR DR. - WALTER DUNCAN JR. AND ELLA M. DUNCAN TO BARTON J. AND RITA J. RODENBORN

SHILOH

$245,000- 13 EAGLES LANDING - JASON REIL TO RICHARD AND SHANNON SERVIS

ST. LIBORY

$76,000- 742 DARMSTADT ST. - BRIAN AND TAYLOR HAAS TO JUSTIN LUEKING AND CASSANDRA SCHERFF

St. Clair County Circuit Judge Robert LeChien kept an online account for betting on horse races around the world as of May 18, according to his statement of economic interest at the Illinois Supreme Court.
Among his interests he listed an open account with Twinspires, a subsidiary of Churchill Downs in Louisville, Ky.
Twinspires and other sites carry out wagers by drawing funds from accounts their clients can replenish as necessary.
They call the method advance deposit wagering.
The busiest sites offer races around the world and around the clock.
LeChien resigned as judge last year, in order to run for partisan election this year rather than stand for non partisan retention at 60 percent.
On Sept. 6, class action lawyer Stephen Tillery of St. Louis contributed $2,500 to LeChien’s campaign.

Funding for campaigns of Fifth District Appellate Court candidates has been modest to date, with the deep pockets of Metro-East's trial bar so far on the sidelines.

Records at the Illinois State Board of Elections show that Williamson County Circuit Judge Brad Bleyer, who is running on the Democratic ticket for the vacancy of Justice Bruce Stewart, has had the most committee action for campaign contributions in excess of $1,000 so far this quarter with $24,060 coming from 19 different contributors.

The Goldenberg, Heller & Antognoli firm is the only local firm to contribute to Bleyer’s campaign.

All but four of those donating money are from Illinois.

Bleyer has received the following contributions so far:

- Bleyer, William & Dorothy: $1,000

- Operator Action Fund: $1,000

- Mack’s Lake of Egypt Marina LLC: $1,000

- Cook, Gregory & Nancy: $1,000

- Bank of Carbondale: $1,000

- Lawler & Lawler: $1,000

- Bleyer, Mark and Kay: $1,000

- IBEW PAC Voluntary Fund in Washington, D.C.: $1,000

- Bleyer and Bleyer: $1,000

- Hughes Law Firm: $1,000

- Tapella & Eberspacher LLC: $1,000

- Mark and Kathleen Johnson of Cape Girardeau, Mo.: $1,500

- Matthew Ferrell of Cape Girardeau: 1,000

- John and Orleta Schneider of Cape Girardeau: 1,500

- Goldenberg Heller & Antognoli PC: $1,060

- Murphy & Murphy LLC: $1,000

- Lawler & Brown Law Firm: $1,000

- Operator Action Fund: $1,000

- Clinton County Democratic Central Committee: $5,000

Third quarter campaign reports, which will show complete details on all contributions and expenditures, will be made public by Oct. 15.

Madison County Circuit Judge John Barberis, who is running on the Republican ticket for Stewart’s seat, has only raised $1,000 for the entire campaign. The contribution was made on July 28 by Steve Carter, the manager of the coal mining company Knight Hawk with an address of Longboat Key, Fl.

A statement of organization of Barberis’ committee was filed on July 26.

Barberis self-funded his campaign for circuit judge in 2014 with approximately $5,000.

He previously stated that he would likely have to raise funds for his appellate court campaign in order to reach voters in all 37 counties.

Justice James “Randy” Moore, who is running on the Republican ticket for the vacancy of James Wexstten, has only seen one contribution so far this quarter. The donation was made by Deborah McClallen of Carbondale. She contributed $5,400.

Jefferson County Circuit Judge Jo Beth Weber, who is running on the Democratic ticket for Wexstten’s seat, has received nine contributions in excess of $1,000 so far this quarter, totaling $15,020.

Gori Julian & Associates is the only local firm to contribute to Weber’s campaign.

Weber has received the following contributions so far:

- SW IL Laborers’ Political League: $1,250

- Elect Travis Allen for Sheriff: $1,000

- Gori Julian & Associates: $1,250

- Onder, Shelton O’Leary & Peterson LLC: $2,500

- Southern Illinois Political Victory Fund: $1,020

- Clinton County Democratic Central Committee: $5,000

- Ullico Management Company/The Union Labor Life Insurance Company: $1,000

- Hughes Law Firm of Carbondale: $1,000

- Stephen Stone of Carterville: $1,000

In previous contested appellate court races, campaign spending has been prolific.

In the 2012 race between Democrat Judy Cates and Republican Stephen McGlynn, spending exceeded $1 million. Cates won. McGlynn was later elected circuit judge in the 20th Judicial Circuit in 2014.

In the 2006 race between Democrat Stewart and McGlynn spending exceeded $2.6 million.

Many families concerned with the unpredictability of future tuition rates in Illinois have turned to pre-paid tuition programs, hoping for some kind of guarantee they will be able to afford their children’s tuition when the time comes.

The Illinois Student Assistance Commission, or ISAC, launched College Illinois!, the state’s 529 Prepaid Tuition Program, in 1998. The oft-criticized program has been suspended in the past and now is struggling to find new contract buyers who are looking to pre-pay future students’ college expenses.

Now facing lagging sales of new contracts, the program is facing the possibility it could be out of money by 2026.

A cash infusion in excess of $108 million in 2025 would be required to sustain the program, according to an actuarial soundness valuation report provided to College Illinois! in June 2015 by Gabriel Roeder Smith & Company, an independent consulting and actuarial firm based in Chicago.

ISAC Executive Director Eric Zarnikow said more than 70,000 contracts have been sold and more than 30,000 students have gone to college using College Illinois! benefits since the program’s inception.

“The program has been challenged over the years by the Great Recession and double-digit tuition inflation,” Zarnikow said. “More recently, contract sales have been impacted by lack of trust in the state as a result of the ongoing fiscal crisis.”

The program halted for more than a year after a 2011 Crain’s Chicago Business investigation revealed the risky nature of the $1 billion investment fund supporting the program, which relies substantially on hedge funds and other alternative investments.

Four years after the program reopened, it sold 473 new contracts by the end of May, 2016 when the current sales season ended – a 27 percent drop from last year’s 646. And in 2014, the program sold only 438 new contracts, Crain’s reported.

To support future obligations, the program must sell more than twice the number of new agreements it sold in 2015 – 1,500 new contracts annually, according to the commission actuaries' projections. Without a dramatic increase in the number of sold contracts, Gabriel Roeder Smith & Company’s report estimates that College Illinois! is in danger of running out of money in 10 years.

Robert DiMeo, co-founder and managing director of Chicago-based pension consultant DiMeo Schneider & Associates LLC, used the program for his two sons, but said he would think twice about the program now.

“Certainly, when I look at the financial condition of the state – and then I think it is widely known that the financial condition of this program is not optimal – yeah, I think that would cause a participant or a potential participant to pause and at least gain a better understanding of all of that,” he said.

Zarnikow, however, has said families have little cause for worry because prepaid tuition program funds are held separately in a trust fund at the Northern Trust Company, “and by law can only be used to pay plan benefits and operate the program.”

“All financial plans, however, including College Illinois!, involve risks,” he said. “With respect to College Illinois!, the state of Illinois has a moral obligation requiring the governor to request funding from the Illinois General Assembly in the event it is determined that the program does not have adequate assets to meet its contractual obligations in an upcoming fiscal year.”

Zarnikow added that the General Assembly has a moral obligation to bail out the program if it is determined it does not have adequate assets to meet contractual obligations – but it is not obligated to provide funding.

“What’s more likely is that the state has an obligation, and if the money is not available someday in the future, there will be discussions by the legislature about subsidizing the program,” said state Sen. Jason Barickman, R-Bloomington.

The Republican lawmaker noted that any program that “relies on a sale tomorrow to pay a debt of today is fundamentally flawed.”

“I firmly believe that the state needs to offer college affordability programs that allow low, middle and other-class families to plan and save responsibly for college, especially these days when we’re dealing with staggering tuition costs,” Barickman said. “But in doing (so), the state has to be financially responsible to taxpayers, too.”

Despite a federal criminal investigation and state lawmakers continually calling on Illinois's embattled Auditor General Frank Mautino to answer questions about prior campaign expenditures, the only person who has filed a complaint said he feels alone.

"People need to know that I'm it," Streator resident and former Streator High School board member David Cooke said. "I'm the guy."

Documents filed in the case indicate there is a federal criminal investigation underway, an investigation that has Mautino considering whether to assert his rights under the Fifth Amendment. However, Cooke said other than his complaint, he sees no evidence of filings before the state election board or any other relevant body.

"I don't understand why. I don't know why," Cooke said. "I don't really get it. I just feel -- I just know -- I'm the only one doing anything about this."

Cooke said he was traveling this year when he noticed stories about Mautino's previous campaign expenditures that began to be reported. Cooke said his motivation was that Mautino wouldn't answer questions and that, from his perspective, nothing was being done.

"I didn't see anyone filing a complaint about it," Cooke said. "So I did."

Cooke said he gleaned information from news stories and documents as they became available, enough to file his complaint this past winter with the Illinois State Board of Elections. Cooke's complaint questions Mautino's expenditure of almost $200,000 in campaign contributions for gas and car repairs at Happy's Super Service in Spring Valley and also more than $200,000 in payments to Spring Valley City Bank.

Many documents and other information about the case have been posted online by the accountability group Edgar County Watchdogs, which was one of the first media sources to announce Cooke's complaint. The group has been following the case and also has called for Mautino to resign.

It was after Cooke filed his complaint, coupled with an ever-mounting number of calls for an investigation, that Mautino retained Hinshaw & Culbertson and then went largely silent about the case. For months, Mautino has not responded to most news media requests for comment.

The storm around the state's auditor general seems a long time from less than a year ago, in October, when he was appointed to replace Auditor General William Holland, who had retired in the third year of his 10-year term. Mautino then received overwhelming appointment approval from the state's General Assembly, with a vote of 55-0 in the Senate and 102-10 in the House. Mautino was sworn in during a ceremony the following December and became the state's third auditor general, a post established by the 1970 State Constitution.

The position of auditor general is a 10-year term with a salary of about $152,000 a year. Mautino officially took office Jan. 1.

Prior to his appointment, Mautino served in the House since 1991 and became a deputy majority leader since 2011. Mautino served 18 years on the Legislative Audit Commission before resigning from that panel last summer to apply for the auditor post. Mautino's father, the late state Rep. Richard “Dick” Mautino, served in the House from 1975 until his death in 1991.

Very soon after his appointment, questions began to surface about Frank Mautino's campaign and other spending, leading to calls for him to answer the questions or step down.

State Rep. Dwight Kay (R-Glen Carbon) has been especially vocal, as has been state Rep. Jeanne Ives, (R-Wheaton).

Ives, in an interview with a Springfield radio station and on her own website, called for Mautino to answer questions or resign. Ives was one of the 10 Republicans in the House who voted in October against Mautino's appointment. The others were Grant Wehrli, Naperville; Sheri Jesiel, Winthrop Harbor; Keith Wheeler, Oswego; Tom Morrison, Palatine; Steve Andersson, Geneva; Mark Batinick, Plainfield; Randy Frese, Paloma; Margo McDermed, Mokena; and Reginald Phillips, Charleston.

In May, the Illinois State Board of Elections ordered Mautino to provide more details about his campaign expenditures during his time as a state legislator. That same month, the board also discussed Cooke's complaint during a closed session, permissible under state law, and then announced that the complaint was found to be justifiable.

In June, Mautino's legal counsel filed a motion to stay, stating that Mautino otherwise would be forced to choose between waiving and claiming his rights under the Fifth Amendment because of a pending, parallel federal criminal investigation.

"Mautino is currently subject to a federal investigation at the same time as the board's pending proceeding, and he could assert a Fifth Amendment privilege as to any information or discovery in connection with the complaint or other proceedings of the board," the motion said. "If Mautino was to waive his Fifth Amendment privilege in connection with the filing of amendments to the committee's campaign reports or any discovery in this case, he would also be waiving his privilege in the federal investigative matter."

In addition to the motion, Mautino also declined to comply with the election board's deadline to amend his campaign reports and clarify expenditures, prompting more calls for answers or his resignation

In August, some state representatives renewed their calls for Mautino to resign for ignoring their repeated inquiries.

Cooke said he believes the only thing keeping the case going is his complaint before the election board. While the going has been slow, as litigation often does, Cooke said his complaint is making progress. At a status hearing on Monday, Cooke said he was told to expect discussion about defense motions to stay and also a defense motion to dismiss the complaint. Another status hearing is scheduled for Sept. 26, Cooke said.

"We're into hearings; this is moving forward," Cooke said.

Cooke said this endeavor is no small task. "I get fed up driving to Chicago, and all the resources to keep it all going, that's coming from me," Cooke said.

Cooke said he is paying all of the required fees and is representing himself.

"What happens if I stop doing this?" Cooke said. "What happens if I just walk away? Well, I know what will happen. It will all go away, and nothing will be done about it."

EDWARDSVILLE — An Alton motorist is suing a Bunker Hill woman, alleging her negligence caused a crash that injured the plaintiff.

Lloyd Reed filed a complaint on Sept. 7, in the Madison County Circuit Court against Christina Cook alleging she disobeyed a traffic signal.

According to the complaint, on Sept. 7, 2014, Reed was operating a 1998 Mercury Grand Marquis, attempting to turn east on state Route 140 when Cook, who was approaching the intersection, caused a collision with plaintiff's vehicle.

As a result of the crash, the suit says, Reed sustained severe and permanent injuries, pain and suffering and loss of enjoyment of life. The plaintiff alleges Cook traveled at an excessive rate of speed, disobeyed a traffic signal, failed to keep proper lookout and failed to use caution to avoid the accident.

Reed seeks trial by jury, damages of more than $50,000, plus legal costs, pre-judgment and post-judgment interest, attorney fees and all other relief the court deems appropriate.

He is represented by attorney Michael R. Wesley of the Law Office of Michael R. Wesley LLC in Wood River.

Madison County Circuit Court case number 16-L-1257

EDWARDSVILLE — A Granite City property owner is suing an insurance company, alleging delays in a claims settlement.

Alwayz Kare Inc. filed a lawsuit Sept. 6 in Madison County Circuit Court against Conifer Insurance Company, alleging violation of the Illinois Insurance Code.

According to the complaint, on Dec. 24, 2014, while Alwayz Kare's property insurance was in effect, the property at 2300 Clinton Drive, Granite City, was severely damaged by fire. The suit says the total property damage does not exceed the limit of liability under the term of the policy of $388,635.

The plaintiff alleges Conifer has failed and refuses to pay the amounts claimed under the insurance policy.

Alwayz Kare seeks trial by jury, judgment of more than $100,000, plus costs of suit, penalties and attorney fees.

It is represented by attorney John L. Bitzer of Bitzer Law Firm in Collinsville.

Madison County Circuit Court case number 16-L-1260

EDWARDSVILLE — Two Illinois parents are suing Century Financial and two insurance agents, alleging breach of contract.

Ryan O'Neal of Carmi and Jean Ann Kelly of Wayne County filed a lawsuit Sept. 7 in Madison County Circuit Court against Century Financial, Rick Barbre and Keith Wilkin, alleging they breached their fiduciary duties.

According to the complaint, O'Neal and Kelly procured separate vehicle coverage with their agents to cover themselves and family members, including their son, Nicholas A. O'Daniel, who died in a car crash Sept. 8, 2014. The suit says the parents sought payment with their respective policies, but they were only paid for a single policy.

The plaintiffs allege the defendants failed to pay the policy amount included in each of their respective policies and failed to explain certain limitations and/or conditions which would prevent payment under the policy.

O'Neal and Kelly seek trial by jury, judgment of more than $100,000 for lost payment of full under-insured coverage, plus attorney fees.

They are represented by attorney Greg Roosevelt of Roosevelt Law Office in Edwardsville.

Madison County Circuit Court case number 16-L-1267

EDWARDSVILLE — A mother and son are suing a Madison County motorist, alleging the defendant's negligence caused injuries to the plaintiffs.

Elizabeth Henry and Jacob Koch, a minor, filed a lawsuit Sept. 6 in Madison County Circuit Court against Tyler Baalman, alleging he followed another vehicle too closely and caused a crash.

According to the complaint, on May 24, Henry was driving a motor vehicle northbound on state Route 160. The suit says Baalman struck the rear of another vehicle that then struck the plaintiffs' vehicle.

The lawsuit states this collision caused the plaintiffs to sustain internal and external injuries that resulted in medical expenses, disability, pain and suffering, lost wages and damaged property. The plaintiffs allege Baalman failed to keep a proper lookout, operated his vehicle at an excessive rate of speed and failed to timely apply brakes.

Henry and Koch seek a trial by jury, judgment of more than $50,000 for each plaintiff, plus costs of suit.

They are represented by attorneys Thomas C, Rich, Kristina D. Cooksey and Michelle M. Rich of Rich, Rich & Cooksey PC in Fairview Heights.

Madison County Circuit Court case number 16-L-1259

EDWARDSVILLE — An Illinois woman is suing a Madison County auto body business, alleging pregnancy discrimination.

Ashley Klaus filed a lawsuit Sept. 7 in Madison County Circuit Court against Cross Auto Body & Towing Inc., alleging violation of the Illinois Human Rights Act.

According to the complaint, in December 2014, Klaus was terminated from her job as a secretarial and office worker while she was on pregnancy leave. Her baby was born Nov. 15, 2014.

The suit says Cross Auto Body's actions caused her to suffer damages, including lost wages and benefits, humiliation, embarrassment and emotional distress. The plaintiff alleges the defendant subjected her to sex and pregnancy discrimination, retaliation and unlawful termination.

Klaus seeks trial by jury, judgment for compensatory damages of more than $75,000, plus attorney fees, court costs and expenses.

She is represented by attorney Lee W. Barron of Alton.

Madison County Circuit Court case number 16-L-1265

EDWARDSVILLE — A Madison County man is suing Phillips 66, alleging an unsafe work environment led him to suffering illness and infection.

James Mason filed a lawsuit Sept. 2 in Madison County Circuit Court against Phillips 66 Company, WRB Refining LP doing business as Conoco Phillips Wood River Refinery, alleging negligence in failing to provide a safe place to work.

According to the complaint, on Sept. 5, 2014, Mason was employed by Grave Tank Company as a boilermaker at Conoco Phillips Wood River's facility near Roxana. While working, the suit says, liquid from a leaking tank fell down upon Mason and onto the ground.

The lawsuit states the liquid to which Mason was exposed contained bacteria that led to the plaintiff contacting Legionnaire's disease, an infection to his lungs, causing him to suffer serious and permanent injuries. The plaintiff alleges the defendants failed to conduct inspections to determine that the liquid coming from the tank was safe and failed to warn that Mason might be exposed to a dangerous toxic bacteria while working.

Mason seeks trial by jury, compensation of more than $50,000, plus court costs.

He is represented by attorney Eric Kirkpatrick of Kirkpatrick Law Offices PC in Belleville.

Madison County Circuit Court case number 16-L-1249

EDWARDSVILLE — A Madison County man is suing a Granite City gas station and grocery store, alleging its negligence caused him to fall and suffer injuries.

Mike Garcia filed a lawsuit Sept. 2 in Madison County Circuit Court against Quiktrip Corporation, alleging negligence in failing to to exercise reasonable care to protect its invitees.

According to the complaint, on July 13, Garcia was walking toward his motor vehicle parked at the Quiktrip property at 2159 Madison Ave., Granite City. In the process of stepping off the sidewalk, the suit says, Garcia stepped onto a wet painted parking line and he slipped and fell.

The suit says the fall resulted in Garcia sustaining injuries to his body, pain and loss of normal life. The plaintiff alleges Quiktrip Corporation painted the parking line without sufficient grit or non-stick material and failed to warn Garcia of the potential hazard.

Garcia seeks trial by jury, judgment of more than $50,000, plus costs of suit.

He is represented by attorney Peter J. Maag of Maag Law Firm LLC in Wood River.

Madison County Circuit Court case number 2016-L-1247

The former owner of a Madison County oil refinery will pay $10 million to help the cleanup of the Hartford facility it vacated in 1988.

Illinois Attorney General Lisa Madigan announced the settlement with former owner Apex Oil Co. Wednesday. Apex is based in Clayton, Mo., and ran the plant for more than 20 years.

Madigan said in a press release that the state will continue to press for cleanup funds from the current facility owner, Premcor Refining Group Inc., based in Connecticut, which she said had opposed the settlement with Apex.

“This settlement is an important step in a long legal process to ensure that the land and water contaminated by spills from this refinery are cleaned up,” Madigan said. “My office will continue our work to hold the current refinery owner accountable for its role in causing the environmental damage to the site and impacting the nearby Hartford community.”

Madigan’s lawsuit claimed that gasoline and other petroleum products spilled and leaked from the refinery into the land and groundwater during the ownership of both companies.

Residents is communities surrounding refineries have long claimed health problems and property losses due to contamination from pipeline leaks that allegedly affected land and water quality in the region.

The settlement money will be administered by the U.S. Environmental Protection Agency to clean the site during the pending lawsuit against Premcor. The $10 million from Apex will be placed into a trust fund established to support cleanup and remediation activities resulting from refinery and pipeline pollution.

Premcor, meanwhile, moved for partial summary judgment against the state of Illinois and Apex in order to avoid legal responsibility for the full cleanup, an action which was denied, said Madigan.

The village of Hartford sued several oil refineries, including Premcor, in 2008, seeking damages for declining property values it blames on the contamination.

CHICAGO -- A recent U.S. District Court ruling that denied a challenge to state limits on campaign contributions is being appealed.
Liberty Justice Center and its political action committee are joined in the appeal by State Sen. Kyle McCarter (R-Lebanon) and Edgar Bachrach. They argue that the state's statutory limits on campaign funding violates First Amendment rights by limiting donations to the campaigns of candidates by individuals and political action committees while allowing corporations, political parties and legislative leaders to make much higher or unlimited donations.
Under certain conditions, political parties and legislative leaders can make unlimited donations to candidates they support while candidates that are not supported by political party leadership, such as McCarter, are limited in the amount they can accept from the sources available to them, such as individuals and PACs.
Opponents of the ruling say this ends up tilting the electoral playing field decidedly in favor of incumbents and makes it more difficult for newcomers to mount challenges.
It also violates the First Amendment and a Supreme Court ruling stating that statutory limits on campaign contributions can only be enacted if they are intended to prevent corruption, Liberty Justice Center senior attorney Jacob Huebert said.
¨Generally speaking, campaign finance limits tend to benefit incumbents by allowing them to raise more money. That adds to the challenges faced by self-funded or independently funded candidates,¨ Huebert told the Record.
Incumbent office holders can and do take advantage of other substantial advantages when running for re-election, Huebert pointed out.
¨They can use their offices to reach out to constituents through a variety of communications channels, such as newsletters, take advantage of organized public appearances and General Assembly sessions, for instance. It all just piles up, and Illinois' limits on campaign finance really give them [incumbents] an unfair advantage,¨ he said.
Illinois' statutory limits on campaign donations went into effect in 2010. Liberty Justice Center filed its lawsuit in 2012.
The first court ruling came in March 2014 when the U.S. District Court for the Northern District of Illinois, Chicago Division, granted the state's motion to dismiss the parts of the claim that challenged the law's treatment of corporations and the elimination of limits based on self- and independently-financed campaign expenditures. The judge also dismissed the plaintiffs' challenge regarding political parties being granted more favorable treatment, Huebert said.
¨The Supreme Court has ruled that the government cannot enact legislation that limits the amount of expenditures by individuals, corporations or other groups to support the campaigns of independent candidates for government office,¨ Huebert said. ¨The Supreme Court justices concluded that this is purely an issue of First Amendment right to political speech and posed no threat of corruption.¨
The support of one of the two major political parties or independent wealth is effectively required in order to win an election for public office in Illinois, Huebert said.
¨Everyone else is in the same camp: they need to raise small amounts of money from lots and lots of people, which makes it particularly difficult for newcomers who are not independently wealthy, such as Gov. Bruce Rauner," he said. "Eugene McCarthy was able to break through and have his message heard back in 1968 by gaining the support of a small number of wealthy backers. Today that can't be done because of campaign finance limits, such as those that exist in Illinois.¨

An attorney representing distressed property owners in a proposed bid rigging class action reacted positively to last week's ruling that allows the case to proceed.

“From the plaintiff’s side, we were pretty happy with it,” said Steven C. Giacoletto of Giacoletto Law Office.

Federal prosecutors, who brought down former Madison County treasurer Fred Bathon and tax buyers, say that between 2005 and 2009, tax buyers engaged in price fixing by only bidding the statutory maximum interest rate of 18 percent. The rigging was so pervasive that distressed homeowners were charged the maximum rate on nearly every property tax lien sold during that period.

While the Fifth District panel agreed with visiting Judge William Becker’s certification of a class on liability, the appellate judges found that each case would have to be reviewed to determine individual damages.
“Without a methodology to calculate damages on a class-wide basis and given the unique characteristics of real property as well as the subjective nature of the bidding process, we conclude that the calculation of actual damages would be too individualized to be handled as part of the class action,” the ruling states.
The court’s conclusion doesn’t slam the door on certifying a class for damages, though, Giacoletto said. Instead, the decision points to a possibility of the circuit court certifying subclasses on damages once liability is proven.
“At some point, we’re going to have to get more specific on the damage formula,” he said.
Plaintiffs attorneys will continue to review the decision before deciding whether any aspect is worth an appeal, he added. He thinks summary judgment could settle the liability claims ahead of a trial.
An attorney representing Madison County declined to comment.

Flint Law Firm LLC recently announced the addition of two asbestos litigators and a new associate, stating the additions signal “new growth in all areas of the firm.”

The two new partners are Troyce Wolf and Demetrios Zacharopoulos. The law firm has offices in Glen Carbon, Paducah, Dallas and Baltimore.

Wolf, who heads the Dallas office, specializes in asbestos litigation, toxic torts and personal injury law, and is credited with securing jury verdicts in excess of $100 million. He is a graduate of Southern Methodist University and was admitted to the Texas Bar in 1988. He has been selected as a Texas Super Lawyer for 10 years.

Zacharopoulos, who works in the firm's Baltimore office, graduated from the University of Maryland, is a member of the State Bar of Maryland and is also admitted to practice in the U.S. District Court for the District of Maryland, as well as the Fourth Circuit Court of Appeals.

Flint Law also added an associate, Tyler Wilke, who had headed the Child Support Division in the Madison County State’s Attorney Office.

“Many of the cases the firm handles involve those who have suffered injuries from defective products, pharmaceuticals, and from exposure to asbestos,” firm spokesman Keith Huckabay told the Record.

He said the firm now has more than 60 employees to focus on “catastrophic” cases.

“By focusing solely on catastrophic injury, terminal illness and wrongful death claims, Flint Law Firm LLC is a leader at uncovering the critical evidence required to recover maximum compensation for its clients,” he said.

Asbestos exposure continues to be a problem in the United States, Huckabay said, with several industries using the product as late as 2001. Industry areas most likely to have used asbestos are wide ranging, he said, and include pipe and ductwork insulation; home and building insulation; cement; fire-proofing materials; ceiling, wall and floor tiles; soundproofing materials; roofing materials; paints or textured paints; drywall joint compounds; pumps; brake pads and linings; clutches and gaskets; industrial materials; and boilers, furnaces and furnace doors.

He said a consumer doesn’t necessarily have to get cancer from a product in order to seek damages.

“A diagnosis of asbestosis does not mean that cancer will necessarily develop, but it does confirm asbestos exposure and damage to the respiratory system,” he said.

EDWARDSVILLE — A Collinsville father and daughter are suing a Troy couple, alleging the defendants failed to control their dog who bit and injured the daughter.

Randy Woodruff, individually and as father and next friend of Avery Woodruff, a minor, filed a lawsuit Sept. 8 in Madison County Circuit Court against Louie Tettaton and Courtney Tettaton, alleging negligence in that they knew or should have known their dog is dangerous.

According to the complaint, on Sept. 8, 2014, Avery Woodruff was peaceably at the home of defendants at 8603 Lebanon Road, Troy, when suddenly and without provocation, the Tettatons' dog viciously attacked and bit her. The suit says Woodruff sustained severe injuries that resulted in pain and suffering, scars on her face and medical expenses.

The plaintiffs allege the Tettatons failed to monitor their dog sufficiently and failed to cage, leash or restrain the dog.

The Woodruffs seeks trial by jury, judgment of more than $50,000, plus interest, costs and other remedies. They are represented by attorney Katie A. Hubbard of Goldenberg, Heller & Antognili PC in Edwardsville.

Madison County Circuit Court case number 16-L-1271

To the Editor:

Since September is Pediatric Cancer Awareness month, the headline in the August 17, 2016 Advantage News, “Oktoberfest to raise funds for Mesothelioma research” to occur on September 17, 2016 caught my eye immediately. As a lifetime resident of Edwardsville, I have an eye out for the goings on around town. This piqued my interest having worked for a lawyer and then the State’s Attorney’s Office a couple of decades ago, I was looking for a link other than lawyers and the courts to make mesothelioma research of great interest here.

Two local businesses, Global Brew Tap House and Gori Julian & Associates are collaborating to sponsor the event for a second year; I must have missed it last year. I was immediately disheartened to see that the proceeds would go to the Mesothelioma Applied Research Foundation. I can see the law firm’s interest in MARF.

First let me say I have no problem with MARF, however, the most mesothelioma has to do in Edwardsville is the law suits in the courts of Madison County. Research shows over 98 percent of the mesothelioma cases in the Madison County, Illinois originate with plaintiffs outside Madison County as well as 95 percent of the same plaintiff pool originating outside the state of Illinois.

Much has been made of the way lawyers from all over the country flock to Madison County, Illinois to file asbestos cases, so much the moniker Judicial Hellhole was hung on Madison County Courts several years ago by a watchdog group.

Next, I would like to applaud the support that Gori Julian & Associates gives to many of the local charities and civic activities within this community.

Gori Julian & Associates is the second largest law firm in the United States handling mesothelioma lawsuits with offices in Edwardsville, California, Louisiana, Chicago, and New York. However, my radar spiked that mesothelioma does not directly affect the average Edwardsville citizen.

As much as I would love the trip to Germany, if I had the $15 for a raffle ticket, I would rather my money support something to do with Pediatric Cancer Awareness Month rather than something less local as in MARF. I see by Paint the Town Gold’s web page that Gori Julian was a 2015 Family level supporter of Paint the Town Gold, a local group raising money for pediatric cancers to St. Baldrick’s and the Jason Mott Foundation.

In keeping with pediatric cancer, in Edwardsville, there is also Whitley’s Wishes, Inc., a local not-for-profit focusing specifically on the pediatric brain tumor DIPG as well as working in the community.

I felt compelled to speak out as there are so many not-for-profit entities needing our research dollars and if you are like me, the dollars are limited. When I weigh pros and cons, it steers my consideration to which one first affects those closest to me and secondly needs my dollars the most.

I know the answer for myself; mesothelioma isn’t on my long list of charities for consideration.

Nanette Traband
Edwardsville

EDWARDSVILLE – Lawyers have given Madison County board chairman Alan Dunstan at least $78,396 for his current campaign, election records show.
Six asbestos firms in four states gave him $14,296 in August, according to notices that candidates must file upon receiving $1,000 or more.
In three and a half years prior to that, he itemized $64,100 in contributions from individuals who identified themselves as lawyers.
He itemized $192,830 altogether, so the lawyers’ share equaled a third.
He received another $51,020 in contributions that he didn’t itemize, and no one can know what portion of it came from lawyers.
Nor does the current record include contributions below $1,000 since June 30.
In all, Dunstan’s support from the bar could plausibly exceed $100,000.
The Edwardsville asbestos firm of Gori Julian led the charge, contributing $27,000 through June 30.
Lance Callis of Granite City and his firm contributed $14,150.
Edwardsville mass action firm Goldenberg Heller contributed $5,800, including $400 from former Madison County chief judge Ann Callis.
David Human of Husch Blackwell in St. Louis, specialist in flood control litigation, contributed $2,000, and his firm added $1,000.
Belleville injury lawyer Tom Keefe contributed $2,900.
William Beatty of Glen Carbon and his firm contributed $1,600.
The Alton firm of Schrempf Kelly contributed $1,250.
Gordon Broom of Hepler Broom in Edwardsville contributed $1,000.
The Edwardsville firm of Lucco Brown contributed $950.
The Granite City firm of Lueders Robertson contributed $850.
George Filcoff of Granite City, Maureen Schuette of Edwardsville, and Thomas Schooley of Granite City each contributed $650.
In August, asbestos lawyers came through for Dunstan.
Gori Julian contributed $2,216, raising its total to $29,216.
Schmickle Wohlford of St. Louis contributed $2,216, and Benjamin Schmickle of Edwardsville contributed $1,000.
The St. Louis firm of Maune Raichle contributed $2,216.
Bailey Peavy Bailey of Houston, Texas, contributed $2,216, as did the Houston firm of Shrader and Associates.
Richardson Patrick of Mount Pleasant, S.C., contributed $2,216.
Dunstan’s reports show nothing from the deepest pocket in regional politics, the East Alton asbestos firm of John Simmons.
Dunstan found deep pockets outside the legal profession.
Body shop owner Andy Economy of Madison contributed $7,500.
SCF Lewis and Clark Marine owner Paul Wellhausen contributed $5,100.
Enclave Capital Management of Edwardsville contributed $5,000.
Carol Hamm of Hamm’s Landscaping in Madison contributed $4,000.
The Lochmueller Group engineering firm in Troy contributed $3,750.
County transit director Jerry Kane contributed $3,400.
East Alton developer Larry Manns contributed $3,100.
Metro East Sanitary District treasurer Kenneth Davis contributed $3,000.
The Juneau Associates engineering firm of Granite City contributed $2,600.
Highland Manufacturing and Supply contributed $2,000.
Bank of Edwardsville president Kevin Powers contributed $1,000, and former president Tom Holloway contributed $1,000.
Dunstan received $2,000 from the Springfield consulting firm of Jack Dorgan, who identifies himself as a Republican state central committeeman.
Dunstan, a Democrat, will seek another term this November in a contest with Republican county treasurer Kurt Prenzler

SPRINGFIELD – Justice Lloyd A. Karmeier will be the next chief justice of the Illinois Supreme Court.

He was unanimously elected to the office by his fellow justices and will serve a three-year term beginning Oct. 26, succeeding Rita B. Garman whose tenure as chief justice will end Oct. 25.

“I appreciate the confidence shown by the other members of the court in electing me to this position,” said Karmeier in a statement. “Since joining the court in 2004, I have had the privilege of serving under five different chief justices, all of whom have done an outstanding job. I will do my very best to live up to the high standard they have set.”

Karmeier was retained to a second 10-year term in 2014 by voters in the Fifth Judicial District, which encompasses the state’s 37 southern-most counties.

Today’s Supreme Court announcement of Karmeier to serve as chief justice comes on the heels of a federal court class certification order entered by District Judge David Herndon on Friday in a high stakes racketeering case against State Farm and others, involving the election of Karmeier in 2004.

Plaintiffs in Hale v. State Farm seek to restore the $1 billion Avery judgment, claiming defendants conspired to elect Karmeier to the Supreme Court to secure a sympathetic vote overturning Avery.

An installation ceremony for Karmeier will be held at the Supreme Court Building in Springfield on Oct. 31. Garman will administer the oath of office.

According to the release from the Supreme Court, Karmeier indicated he would continue the court’s ongoing initiatives to expand access to justice and adopt a statewide system for electronic filing.

“We have made great strides in those areas over the past several years and we have done so despite the state’s considerable economic difficulties,” he stated. “Thanks to the outstanding personnel the court has assembled in its Administrative Office and its various boards and commissions, I am confident we will be able to build on that momentum in the years to come.”

Karmeier is a native and life-long resident of Washington County, where he attended a one-room grade school. After graduating valedictorian from Okawville Community High School, he attended the University of Illinois, where he received both his undergraduate and law degrees.

Karmeier clerked for former Illinois Supreme Court Justice Byron 0. House from 1964 to 1968, served as state’s attorney of Washington County from 1968 to 1972, and clerked for U.S. District Court Judge James L. Foreman from 1972 to 1973.

He was engaged in the general practice of law with the firm of Hohlt, House, DeMoss & Johnson from 1964 to 1986. He was resident circuit judge of Washington County from 1986 to 2004.

In addition to his regular judicial duties, Karmeier is the Supreme Court’s liaison to the Attorney Registration and Disciplinary Commission, the Minimum Continuing Legal Education Board, and the Supreme Court Committee on Jury Instructions in Criminal Cases. Since 2013, he has also served as chairperson of the Illinois Courts Commission, the independent body established under the Illinois Constitution to hear and decide cases in which judges are charged with official misconduct.

He will leave that post upon assuming his duties as chief justice and be succeeded by Justice Anne M. Burke.

Throughout his tenure on the Supreme Court, Karmeier has made frequent appearances before school, civic, and professional organizations to speak about the court’s work. He regularly lectures at continuing legal education programs and contributes articles to the ISBA Bench and Bar Section Council Newsletter.

Karmeier was among the recipients of the Illinois Judges Association’s Harold Sullivan Award in 2010 and received the Joseph Bartylak Award from the Lawyer’s Assistance Program in 2015. In January of 2016, Chicago Lawyer Magazine named him Person of the Year.

He is a member of the Illinois Judges’ Association, the Washington County, St. Clair County, East St. Louis and Illinois State Bar Associations, and past member of the American Bar Association and the American Judicature Society.

He served as a member of the Assembly of the Illinois State Bar Association from 1996 to 2002, and as chair of the ISBA’s Bench and Bar Section Council. He is a member of the Southern Illinois American Inn of Court and served as President of the Executive Committee from 2003 to 2007.

Karmeier and his wife, Mary, reside in Nashville. They have two children and six grandchildren.

As chief justice, Karmeier will serve as the chief administrative officer of the statewide judicial system with supervisory authority over the more than 900 judges in the state.

Among other duties, the chief justice controls and schedules the Supreme Court's agenda for consideration in conference by the court during its five formal terms each year, supervises all appointments to Supreme Court committees, serves as chairperson of the Executive Committee of the constitutionally-mandated Illinois Judicial Conference and presents the court’s annual budget request to the General Assembly.

Karmeier will be this State’s 120th chief justice and the second person from Washington County to hold that office. Justice Byron O. House, for whom Justice Karmeier served as a law clerk, was the first.

St. Clair County real estate Aug. 29 -31

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Deep pockets of Metro-East trial bar not yet showing prominence in Fifth District Appellate races

College Illinois! appears headed for a future bailout; Sales lagging for new contracts

Streator man says Mautino probes began with his decision to speak out

Alton motorist alleges Bunker Hill City caused car crash

Granite City property owner alleges insurer is delaying claims settlement

Parents allege Century Financial, agents have not fully paid claims

Mother, son allege motorist's negligence caused crash

Office staffer accuses auto body business of pregnancy discrimination

Boilermaker blames Phillips 66 for illness, infection

Customer blames gas station, grocery store for injuries

Former Hartford refinery owner to pay $10 million for cleanup

Campaign finance ruling to be appealed

Plaintiffs in bid rigging class action react positively to Fifth District decision

Flint Law adds lawyers to expand asbestos practice

Father, daughter blame pet owners for dog bites, injuries

Mesothelioma research not a top priority for local fund-raising

Asbestos lawyers factor big as Dunstan contributors, minus Simmons

Karmeier elected next chief justice of Illinois Supreme Court