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Mother of drug death victim 'begged' court for help with daughter's heroin addiction

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Chris Keel of State Park continues to mourn the loss of her 20-year-old daughter Jennifer Herling who died more than four years ago in September 2012.

She reacted to a story published by the Record on Tuesday that chronicled Herling's and Jessica Williams' drug-induced homicide deaths at a Fairview Heights drug house. The house at 20 Kassing Drive, which has since been demolished, was owned by dealer Deborah Perkins who lived there with her co-dealer son Douglas Oliver.

Herling and Williams used drugs with Oliver, and their deaths led investigators to drug use at the courthouse.

Keel said she wanted it known that she had "begged" the judge presiding over criminal charges facing her daughter to place Herling into a proper facility for heroin addiction.

That judge was Michael Cook, who presided over heroin possession charges against Herling in March 2012. Herling pleaded guilty and was released on probation.

Keel said she was surprised that Cook did not give her jail time.

“I pleaded to have her confined,” she said.

About six weeks after Cook released her on drug possession charges, Herling was arrested again and jailed on burglary charges.

"The last two times she was arrested, I begged Cook to help her," Keel said. "When she stole $400 from my mom, I knew right then and there. I knew she was out of control. Being that she was of age, my hands were tied."

Keel said that after Cook told her that he had "re-conned" (released on own recognizance), he was hunched over at the bench.

She said she asked him, "Are you okay, you look pretty rough?" She said that he responded that he was coming down with the flu.

Cook was arrested months later on heroin and gun possession charges in May 2013 at the home of his drug supplier Sean McGilvery. Cook pleaded guilty and was sentenced to two years.

Perkins and Oliver supplied McGilvery with drugs.

Madison County officials must explain to judge why they refuse to pay Veteran Assistance Commission fees

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Madison County board Chairman Alan Dunstan, State’s Attorney Tom Gibbons, and Auditor Rick Faccin must explain under oath why they refuse to pay legal fees of the county veteran assistance commission.
 
Clinton County Associate Judge William Becker expects them at a Nov. 18 hearing on a petition to show why he should not hold them in contempt.
 
Veteran assistance superintendent Brad Lavite claims they ignored Fifth District appellate judges who found the county lacks authority over the commission.
 
Finance committee members Jack Minner, Jamie Goggin, Larry Trucano, Michael Holliday, and Kelly Tracy must testify too, along with county administrator Joseph Parente and county counsel John Gilbert of the Sandberg Phoenix firm.
 
Parente banned Lavite from the administration building last year, after he kicked out a window of a Wood River police car.
 
Lavite’s psychologist had pronounced him fit to return to work, but Parente argued that public safety required the ban.
 
The Veteran Assistance Commission retained Tom Burkart of Hamel, who filed suit against Dunstan, Gibbons, Parente and Sheriff John Lakin.
 
The complaint included a petition for the county auditor to pay legal fees that the commission had approved.
 
Associate Judge Stephen Stobbs dismissed the suit last year, but Fifth District judges reversed him this August.
 
Stobbs recused himself, and Chief Judge Dave Hylla asked the Illinois Supreme Court to assign a visiting judge.
 
The Supreme Court sent Becker, who already presided by special appointment over Madison County litigation about rigging of bids at auctions of delinquent taxes.
 
Burkart submitted a warrant for payment, and the finance committee rejected it.
 
Becker held a hearing on Oct. 6, by telephone.
 
Burkart told him, “We are not asking for a ruling on the merits of whether contempt should be found or not. We are asking simply that there be a finding of probable cause requiring these people to come in and testify, to show cause why they are ignoring the appellate mandate.
 
“This warrant asks for nothing but expenditure of funds that have already been approved, levied and collected.
 
“There exists no reason for the county to be imposing any kind of oversight, but they want to do that.”
 
Burkart said he involved Gibbons and other senior officials because, “You can’t just sit idly by knowing somebody is violating the mandate of the appellate court if you are in a position of authority to stop it.”
 
“Maybe they did not know that Mr. Faccin was going to make this move, but they can come in and tell us that,” he said.
 
Gilbert told Becker, “It’s the defendant’s position that all of this is premature for a number of reasons.”
 
“The basic objection we have is that there is no order of court requiring any of the defendants to do anything,” Gilbert said.
 
Burkart: “Basically the mandate says that there’s no question of material fact on the issue of whether attorney’s fees need to be paid.”
 
Gilbert: “It seems a waste of judicial resources to haul all these people in front of you to talk about why or why this bill shouldn’t be paid in the absence of an order to do it.”
 
Burkart: “If in fact there is contempt being executed by the county, it is never a waste of judicial time to correct that contempt. Mr. Faccin in particular has to come before court because he is the one that is quoted on making the statement, ‘I’m just not going to pay the bill.’”
 
Becker quoted Gilbert on having all these people come in and said, “I guess technically it would be the burden of the alleged contemnors to go forward and explain why they shouldn’t be held in contempt.”
 
Burkart said, “The county has the pocket book of the county. The plaintiff has the pocket book of a small law firm and we have to keep the lights on. Pay attention to the argument I made that strangling the VAC by not paying their attorneys is not an appropriate thing to be doing in this case.”
 
On Oct. 19, Becker granted a hearing.
 
As of Nov. 1, Lavite had served summonses on Gibbons, Faccin, Minner, Goggin, Trucano, Parente and Gilbert.
 
He hadn’t served Dunstan, Holliday or Tracy.

Vehicle passenger claims Chicago motorist at fault in collision

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EDWARDSVILLE — A vehicle passenger is suing Chicago resident Barron A. Hollanquest Jr., alleging negligence in connection with a vehicle collision.

Rafael Suria filed a complaint on Oct. 26 in Madison County Circuit Court against Hollanquest, alleging that the motorist violated the Illinois Vehicle Code.

According to the complaint, the plaintiff alleges that on Nov. 5, 2014, he was riding as a passenger in a motor vehicle being operated by Ricardo Suria, which was stopped or slowed in the left northbound lane on Illinois State Route 159, when the defendant struck the rear of the vehicle, causing him to sustain severe and permanent injuries that resulted in large expenses. The plaintiff holds Hollanquest responsible because the defendant allegedly failed to maintain a proper lookout, drove his vehicle too fast fast for conditions and failed to yield the right of way.

The plaintiff requests a trial by jury and seeks judgment against the defendant in a sum exceeding $50,000, plus costs of this suit. He is represented by John T. Papa of Callis, Papa & Szewcyk PC in Granite City.

Madison County Circuit Court case number 16-L-1469

Chicago resident accused of negligence in connection with crash

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EDWARDSVILLE — A Collinsville man is suing Barron A. Hollanquest Jr., a motorist from Chicago, alleging negligence in connection with a traffic collision.

Ricardo Suria filed a complaint on Oct. 26 in Madison County Circuit Court against Hollanquest, alleging that the defendant breached his duty to exercise ordinary care and caution in operating his vehicle.

According to the complaint, the plaintiff alleges that on Nov. 5, 2014, he was lawfully operating a motor vehicle and was stopped or slowed in the left northbound lane on Illinois State Route 159 when the defendant struck the rear of his vehicle, causing him to sustain serious injuries resulting in extreme pain, lost earning capacity and large expenses. The plaintiff holds Hollanquest responsible because the defendant allegedly failed to keep a proper lookout, failed to yield the right of way and negligently drove his vehicle at a speed too fast for conditions.

The plaintiff requests a trial by jury and seeks compensation for damages in a sum exceeding $50,000, plus costs of this suit. He is represented by John T. Papa of Callis, Papa & Szewcyk PC in Granite City.

Madison County Circuit Court case number 16-L-1468

Man holds venue, individuals responsible for alleged assault

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EDWARDSVILLE — A man is suing Leighton Evatt Post 365 of the American Legion and patrons Jason R. Smith, Christopher J. Smith, Justin D. Hill and Dennis Slater, alleging assault and negligence.

Michael Roeder filed a complaint on Oct. 26 in Madison County Circuit Court against the defendants, alleging that the individuals assaulted him and that the American Legion post breached its duty to protect its patrons.

According to the complaint, the plaintiff alleges that on Sept. 12, 2015, he was attending a wedding at the American Legion 365 in Collinsville when he was attacked by other patrons and business invitees. As a result of the attack, he suffered injuries to his head, face and body that resulted in serious and permanent injuries, past and future pain and suffering, loss of income and medical expenses, the suit alleges. The plaintiff holds the defendants responsible for the alleged assault and failure to protect him.

The plaintiff requests a trial by jury and seeks judgment against the defendants in a fair and reasonable amount exceeding $50,000 for each, costs for this action and for such further relief as the court deems just. He is represented by William K. Meehan of Meehan Law Firm in University City, Missouri.

Madison County Circuit Court case number 16-L-1467

Woman seeks compensation from motorist for crushed leg

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EDWARDSVILLE — A passenger is suing motorist Nicholas Holthaus, alleging negligence and insufficient measures taken to prevent injuries.

Colleen Condray filed a complaint on Oct. 25 in Madison County Circuit Court against Holthaus, alleging that he failed to exercise the highest degree of care to protect his passenger.

According to the complaint, the plaintiff alleges that on July 30, she was riding in the rear of the defendant's pickup truck when he suddenly backed into a car, crushing her right leg between the two vehicles, leading to pain and suffering, lost wages and medical expenses. The plaintiff holds Holthaus responsible because the defendant allegedly failed to maintain careful lookout, negligently backed into another vehicle and failed to operate his vehicle in a safe manner.

The plaintiff requests a trial by jury and seeks compensation for damages in a reasonable amount in excess of $50,000, plus interest, costs for this action and such other relief as the court deems necessary. She is represented by Benjamin J. Sansone of Sansone, Summer & Lauber in Clayton, Missouri.

Madison County Circuit Court case number 16-L-1465

Luechtefeld: No doubt there's reason for $1 million attack against Republican judges

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Politicians are responding to a recent attack ad against Republican candidates for Illinois' Fifth District Appellate Court started by the political action committee Fair Courts Now, which is funded primarily by asbestos attorneys who practice in Madison County.
State Sen. Dave Luechtefeld, R-Okawville, said voters can draw their own conclusions about who is putting up the money and why.
“It’s basically a small group of trial lawyers and firms that deal with class-action lawsuits, and also some asbestos firms,” Luechtefeld told the Record. “Why do they spend that kind of money -- $1 million – why would you spend that kind of money on an appellate judge race?”
Fair Courts Now, established on Oct. 11, raised $1 million and spent $750,000 on print and TV ads against Republican candidates Justice James “Randy” Moore and Circuit Court Judge John Barberis. Trial lawyers appear to make up the majority of donors to the fund. The committee is an entirely independent entity that operates separately from the Democratic candidate's campaign funding.
Democratic candidate Judge Brad Bleyer said he was not involved in the Fair Courts Now attack ads, and said he’s worked hard to promote his campaign in a positive manner.
“I did not solicit or request any outside advertising,” he said on Oct. 31.
Barberis said he did not believe his opponent was behind the negative ads.
“I know Brad doesn’t have anything to do with this, so there’s no blame whatsoever,” he told the Illinois Association of Defense Trial Council’s appellate judge candidate’s forum on Oct. 25. “I don’t feel any animosity or any concern Brad orchestrated or had anything to do with this, because I know Brad is a good guy and wouldn’t have done that.”
Luechtefeld said trial lawyers and law firms have vested interests in who is elected to the bench. He said lawyers know that cases are going to go in front of certain judges, and know how those judges generally feel about those cases.
“Certainly those firms know, they know they’re going to have cases in front of that court,” he said. “And you have to ask yourself, why is it worth that kind of money to get a certain judge on that court? I think they look at it as an investment because they know they’re going to have cases in front of that court.”
He added that he considers all those running for the court to be good people. He suspects, however, that trial lawyers are hoping to get an edge by electing someone more amenable to their big cases that can rake in money for their firms.
What’s shocked him is the amount of money raised by the Fair Courts Now political action committee. He said for a judicial race such as this, $1 million is a huge amount of money.
“There’s no doubt there’s a reason for it,” he said. “People have to draw their own conclusions.”

Conservative group alleges AG Madigan harassment

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ROCK ISLAND – A conservative group accused of voter suppression has countered with its own claims that county Democrats and the state Attorney General's office are suppressing voter turnout and harassing its vote-by-mail program volunteers.

Pat Hughes, co-founder of the Illinois Opportunity Project, backed up those claims with a detailed timeline of events and copies of an email exchange between the state Attorney General's office and the group's Washington-based attorney. A group press release claims that there is a politically motivated effort underway to make it harder for the Illinois Opportunity Project to conduct its vote-by-mail program in Illinois.

"This is a clear case of powerful politicians, including and especially Attorney General Lisa Madigan, using their offices to harass their political opponents," Pat Hughes, co-founder of the conservative group, was quoted in the press release. "In doing so, they are denying numerous Illinoisans one of their most basic civil liberties: the right to vote."

Hughes is co-founder of Illinois Opportunity Project and president of Liberty Justice Center, which is affiliated with Liberty Principles PAC, chaired by conservative radio talk show host, Dan Proft.

More than $10 million has been given to Liberty Principles PAC by Chicago businessmen Richard Uhlein and Ken Griffin, as well as Republican Gov. Bruce Rauner. 

In recent weeks, the Illinois Opportunity Project discovered its mail is being delayed and held at post offices, according to the press release issued by the group.

"The Illinois Opportunity Project has received threatening phone calls and numerous demanding letters from the Attorney General’s office," the press release said. "For example, last week, the Attorney General’s office sent IOP a letter at 5:22 p.m. Thursday, October 27th with a lengthy and invasive list of demands, and ordered that IOP respond by noon the next day."

On Wednesday, Nov. 2, Huffington Post published allegations by Rock Island County Clerk Karen Kinney that the Illinois Opportunity Project sat on 1,500 completed vote-by-mail applications until she contacted law enforcement to retrieve them from the conservative group's post office box. In the same report, Steve Brown, a spokesman for the Illinois Democratic Party, said that amounts to a voter suppression scheme.

“When you solicit absentee ballot applications and then sit on them, that’s about the only thing you can call it,” Brown said.

The same report also quoted Rock Island Democratic Party chair Doug House saying that a preliminary analysis of absentee ballots processed by Kinney on Oct. 27 showed the applications were mostly from Democrats and older voters.

"Why in the world would a dark money group that supports Bruce Rauner target high turnout Democrats and independents like this unless they wanted to suppress voters?" House was quoted. "We’ve closely examined the related facts and I am convinced that Bruce Rauner’s allies are trying to win one of the most competitive State House seats in Illinois through dirty tricks, deception and possibly illegal voter suppression tactics."

It is not clear how House came by that preliminary analysis. House did not respond to a Record request for comment.

The back and forth about alleged voter suppression has been going on for days locally and nationally with Clinton and Trump officials weighing in. Trump campaign manager Kellyanne Conway denied an earlier comment from the Trump campaign that there are three major voter suppression efforts underway aimed at white liberals, young women and African Americans.

"That person misspoke and used a phrase that's not true," Conway said during a Bloomberg Politics interview. "I think it's Hillary Clinton who is trying to suppress our voters."

The Rock Island back-and-forth allegations are rooted in activities that began in about mid October. A timeline provided by the Illinois Opportunity Project begins with an Oct. 18 article published by Our Quad Cities Online about the Vote-by-Mail program authorized by the Democrat Party.

Two days later, the Illinois Opportunity Project received an inquiry from an attorney representing Cook County Clerk David Orr asking for details about the group's own Vote-by-Mail program, according to the timeline.

Over the next few days, the group reportedly was contacted by Ron Jewel, the U.S. Postal Inspector in Rock Island, also asking about the Illinois Opportunity Project's Vote-By-Mail program and stating he'd been pressured by the Illinois Attorney General’s office to look into that program. On Oct. 26, Illinois Opportunity Project's Washington counsel, Heidi Abegg, senior counsel with Webster, Chamberlain & Bean, contacted Jewel.

That same day, the timeline reported that an "Illinois Opportunity Project volunteer delivers 271 applications to John Brown at Rock Island County Clerk’s office and is interrogated by Brown."

That same morning, the Attorney General’s office responded to Abegg’s call to Jewel with a list that included the names of everyone participating in the Illinois Opportunity Project's Vote-by-Mail program, dates the program's correspondence were sent in each county and detailed information about future plans to send mailers in Illinois, including the dates and counties of future mailings. The list also included a requirement that an escort from the state accompany Illinois Opportunity Project officials when the pick up vote-by-mail correspondence at the post office and deliver them to county clerk offices.

"At no point has the Attorney General’s Office informed the Illinois Opportunity Project of any wrongdoing on their part," the timeline said.

Abegg responded the following day, providing requested information and also mentioned concerns expressed by the Attorney General's office about vote-by-mail applications sitting in post office boxes, specifically those in Rock Island.

"To assuage your concern, the Illinois Opportunity Project has voluntarily complied with requests I have received from your office and has provided specific information and assurance that the vote-by-mail applications are being delivered to the clerks' offices," Abegg said in her reply. "I have repeatedly explained that mail pieces where were sitting in several of the post office boxes were the result of: being held by the postal inspector; being held until return postal payment was made (Rock Island); or being held for determination that the mail pieces were not political mail. To the best of my knowledge, mail pieces are no longer being held by various post offices, and applications within the held mail pieces have already been turned in to the clerks or are being tuned in today. You have also been assured that post office boxes are being checked daily, and in most case, more than once a day."

That same day, an Illinois Opportunity Project volunteer delivered 1,246 applications to Kinney's office and was "interrogated" by Kinney, the timeline said.

Later that evening, the Attorney General's office responded that the information Abegg provided had been insufficient, raised new concerns and directed the Illinois Opportunity Project preserve certain records by noon the following day. Abegg responded, reiterating the group was in compliance, referred to the burden the Attorney General’s sudden request for records placed on Illinois Opportunity Project and its vote-by-mail program. 

In its Oct. 28 email to Abegg, the Attorney General's office maintained that its interest is in whether ballot applications are promptly delivered to county clerks' offices.

"We also have an interest in ensuring compliance with all applicable state laws," that email says. "Despite your assurances that applications will be promptly delivered, we are receiving conflicting information from the local clerks as to receipt of ballot applications."

That email said that 1,177 applications reportedly delivered by the Illinois Opportunity Project to the Will County Clerk’s Office were not received.

"We have also asked for confirmation that you have, in fact, delivered the applications in Illinois Opportunity Project’s possession to the Cook County Clerk’s Office and the Lake County Clerk’s Office, but you have not done so," that email continued. "We have also asked you for a status of applications in Kankakee County, but you have not provided one. Given the issues identified, it is incumbent on the Office of the Attorney General to ensure that voters of any party are not being potentially disenfranchised."

The same day, an Illinois Opportunity Project volunteer who delivered four vote-by-mail applications to Kinney's office was "interrogated," according to the timeline, and Our Quad Cities Onlinepublished an article quoting Rock Island County State's Attorney John McGehee, a Democrat, expressing concern about the group's program. The article did not mention the similar program operated by the Democrat Party.

More articles followed in Our Quad Cities, including the Rock Island County Clerk's Office processing 1,500 absentee ballot applications after they were found sitting at the post office box and an Oct. 31 piece in which Kinney was quoted expressing concern about the undelivered applications and Illinois Opportunity Project’s program.

"In addition, the Democrat state’s attorney and the Democrat County Clerk in Rock Island County, who are working directly with the Illinois Attorney General’s office, have publicly and falsely accused the Illinois Opportunity Project of voter suppression," the Illinois Opportunity Project said in its press release.

"The Illinois Opportunity Project believes they are doing so to assist Democrat Candidates in the upcoming election. IOP has not been notified of any wrongdoing, charges or pending investigation by any official, including the Illinois Attorney General, and believes these actions by the Illinois Attorney General’s office and other public officials is politically motivated."

Asbestos lawyer-funded PAC using 'underhanded' tactics with negative campaign flyers, critics say

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Campaign advertising that depicts Fifth District Appellate Court candidates John Barberis and James "Randy" Moore as judicial "activists" in flyers sent to Republican households and as "judicial bobbleheads for Bruce Rauner" in flyers sent to Democratic households have infuriated supporters of the judges.

The direct mail pieces were produced by the political action committee Fair Courts Now, a group funded primarily by asbestos lawyers who practice in Madison County - the nation's busiest asbestos court. The group formed in mid-October and has raised and spent more than $1 million in negative advertising.

"Fair Courts Now has nothing to do with fairness and everything to do with keeping Illinois’ status quo as one of the worst states in the nation for legal fairness," said Travis Akin, executive director of Illinois Lawsuit Abuse Watch.

The PAC's chairman Bobby Green has been contacted for comment.

The ad going to Republican households says: "Republican voter alert. 'Not qualified' and 'not recommended' activist judges don't deserve our vote."

The ad going to Democratic households is more descriptive: "Election alert for Democrats. John Barberis and James Moore. Bobbleheads for Bruce Rauner...Barberis and Moore support Bruce Rauner's cuts to schools, child care, senior services and women's health care."

Illinois State Board of Elections official Tom Newman said that nothing in state disclosure law speaks to what a PAC can or cannot say. He said that there is no "party prohibition."

A press release by the Illinois Republican Party suggests that the mailers are designed to appear as if they were sent from Republican organizations opposing Moore and Barberis.

"Dirty, Chicago-style campaign tactics from trial lawyers are why state government is fundamentally broken," Illinois Republican Party Chairman Tim Schneider stated in the release. "These false mailers are intentionally designed to deceive voters about Justice Randy Moore’s and Judge John Barberis’ independent conservative record and alter the outcome of the upcoming election. Voters deserve to know these tactics for what they are – fraudulent schemes of desperate individuals and desperate campaigns following the Mike Madigan playbook."

Moore's campaign manager is son, Nathan Moore, who said the tactics being used by the group are "pretty terrible."

"The ads are very misleading, if not downright lies," said Nathan Moore.

He said that the PAC's acceptance of money from attorneys trying to influence the race in courts they go before is "not right and not good."

Barberis said the flyers were "despicable."

"Obviously, this is an underhanded tactic," he said. "The facts don't matter. They believe that voters are stupid and gullible.

"I don't think it's going to work."

Akin said trial lawyer funding of judicial races is nothing new in the Metro East, referencing a study produced by the Illinois Civil Justice League and I-LAW showing that contributions given by Illinois personal injury lawyers to Illinois judges and politicians topped $35.25 million in the past 15 years.

"This new study proves that personal injury lawyers are gaming the system to their advantage by funneling millions of dollars in campaign contributions to Illinois judges," he said.

Midwest Biodiesel Products, guarantors accused of not paying per agreement

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EDWARDSVILLE — A financing company is suing borrower Midwest Biodiesel Products LLC and guarantors Terry Zintel, George Sprague and St. Louis Biofuels LLC, citing alleged breach of contract and guaranty.

Ascentium Capital LLC filed a complaint on Oct. 27 in Madison County Circuit Court against the defendants, alleging that they violated an equipment financing agreement.

According to the complaint, the plaintiff alleges that on June 19, 2015, it provided an equipment loan to Midwest in the amount of $131,750, which was guaranteed by Zintel, Sprague and St. Louis Biofuel. To date, the amount of $128,668.87 remains unpaid, the suit alleges. The plaintiff holds the defendants responsible for allegedly failing to make required payments when due.

The plaintiff requests a trial by jury and seeks judgment against the defendants in the amount of $128,668.87, plus continuing interest, attorneys' fees, costs and for any other relief the court deems proper. It is represented by Jeffrey B. Rose of Lowis & Gellen LLP in Chicago and Cherrie McDonald of Greensfelder, Heinker & Gale PC in Swansea.

Madison County Circuit Court case number 16-L-1487

Woman accused of negligently hitting vehicle containing family

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EDWARDSVILLE — A couple's lawsuit, filed on behalf of their son and themselves, alleges that motorist Jamie Huber was negligent in connection with an automobile collision.

Katherine Holliday and Steven Holliday, individually and as parents and next kin of Steven Holliday Jr., a minor, filed a complaint on Oct. 27 in Madison County Circuit Court against Huber, alleging that the motorist failed to exercise ordinary care in the operation and control of her vehicle.

According to the complaint, the plaintiffs allege that, on July 25, Steven Holliday and Steven Holliday, Jr. were passengers in a vehicle being driven by Katherine Holliday when the defendant negligently rear-ended their vehicle while it was stopped. The collision caused them to sustain bodily injuries and property damage, the suit alleges. The plaintiffs hold Huber responsible because the defendant allegedly failed to maintain proper control of her vehicle, failed to keep a proper lookout and failed to reduce speed or stop her vehicle to avoid a collision.

The plaintiffs request a trial by jury and seek compensation in excess of $50,000 for each plaintiff, plus costs of this suit. They are represented by Michael P. Glisson of Williamson, Webster, Falb & Glisson in Alton.

Madison County Circuit Court case number 16-L-1486

Home Pharamacy Services, others accused of negligence in connection with death

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EDWARDSVILLE — An executor of a deceased woman's estate is suing Sophia Rostovtseva, M.D.; Maryville Physicians' Services LLC; UDI #2 LLC; Unlimited Development Inc.; Home Pharmacy Services LLC; et. al., in a case alleging wrongful death due to negligence in health care.

Judi Ashcraft, individually and as executor of the estate of Wanda Phillips, filed a complaint on Oct. 28 in Madison County Circuit Court against the defendants, alleging that they failed to exercise the degree of care and caution commonly expected of medical professionals.

According to the complaint, the plaintiff alleges that on Feb. 10, 2015, Phillips was a patient at defendant Liberty Village of Maryville when Rostovtseva prescribed fludrocortisone, a drug that was contraindicated with her heart condition. Two days later, Phillips' mental state worsened and she was admitted at Anderson Hospital due to severe electrolyte abnormalities; her condition never stabilized, she never regained consciousness, and she died on Feb. 19, 2015, the suit alleges. The plaintiff holds the defendants responsible for alleged failure to diagnose properly and alleged negligent prescription of fludrocortisone.

The plaintiff requests a trial by jury and seeks judgment in excess of $50,000, plus costs of this suit. She is represented by Matthew R. Chapman of Becker, Schroader & Chapman PC in Granite City.

Madison County Circuit Court case number 16-L-1484

Woman claims fellow motorist was negligent in crash

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EDWARDSVILLE — A driver is suing fellow motorist Carla Lewis, alleging negligence in connection with a collision.

Selena Harris filed a complaint on Oct. 28 in Madison County Circuit Court against Lewis, alleging that the defendant drove her vehicle in a manner that caused it to strike the plaintiff's vehicle.

According to the complaint, the plaintiff alleges that on Dec. 27, she was operating a motor vehicle traveling eastbound on Illinois State Route 159 when the defendant struck the rear of her vehicle, causing her to sustain injuries that resulted in pain and suffering, loss of earning capacity, disfigurement and medical expenses. The plaintiff holds Lewis responsible because the defendant allegedly failed to maintain a careful lookout, failed to apply her brakes in a timely manner and followed her vehicle too closely.

The plaintiff requests a trial by jury and seeks compensation in excess of $50,000, plus costs of this suit. She is represented by 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-1485

Mall Road LLC alleges property damage from neighbor's landscape changes

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EDWARDSVILLE – A Collinsville property owner alleges its property was damaged when a neighbor altered the drainage of water on her property.

Mall Road LLC filed a complaint on Oct. 21 in the Madison County Circuit Court against Lillie Kathleen Moore, trustee of the Herman Lamar Moore Revocable Trust, alleging trespass, property damage and nuisance.

According to the complaint, Mall Road alleges the defendant made "significant" changes to the landscape of her property between 2006 and 2009. Mall Road claims the defendant added a significant amount of soil, altered the flow of water on her property and altered the topography and elevations of her property.

As a result, Mall Road claims it has suffered and will continue to suffer unnatural accumulation of water and silt on its property and inability to maintain the property.

The plaintiff seeks compensation in an amount greater than $50,000, plus punitive damages attorney's fees, costs, expenses and for any other relief as the court deems equitable. It is represented by Brian L. Kalb of Byron Carlson Petri & Kalb LLC in Edwardsville.

Madison County Circuit Court case number 16-L-1455

Mac's Time-Out Lounge sued over alleged unmarked step

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EDWARDSVILLE – A Madison County man alleges an Alton restaurant's negligence caused him to fracture his hip when he fell on an unmarked step.

William Green filed a complaint on Oct. 24 in Madison County Circuit Court against Mac's Time-Out Lounge, alleging negligence.

According to the complaint, the plaintiff alleges that on July 29, he was a dinner guest at Mac's Time-Out Lounge in Alton. While he was leaving the premises and attempting to exit the beer garden, he alleges he fell on an unmarked step and fractured his left hip. As a result, he claims he experienced pain and incurred medical expenses.

The plaintiff alleges Mac's Time-Out Lounge negligently failed to mark the elevation change of the step and failed to warn him of the dangerous condition existing on its premises.

The plaintiff seeks compensation in an amount of more than $50,000, plus costs of this suit. He is represented by Lanny Darr of Darr Law Offices LTD in Alton.

Madison County Circuit Court case number 16-L-1460

Patron files Dram Shop suit against Floyd's Bar

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EDWARDSVILLE – A patron of a Highland bar alleges he was injured by two intoxicated persons while lawfully on the premises.

Justin Frank filed a complaint on Oct. 25 in the Madison County Circuit Court against Floyd's Bar, Dylan T. Anderson and William R. Anderson, alleging they violated the Dram Shop Act.

According to the complaint, the plaintiff alleges that on June 24, he was lawfully at Floyd's Bar as a patron when he was struck and kicked by the Andersons.

He alleges he was caused to suffer serious personal injuries, was unable to work and was forced to pay for hospital, surgical and medical expenses because of the incident.

The plaintiff alleges Floyd's negligently allowed the Andersons to consume too much liquor, which caused their intoxication.

The plaintiff requests a trial by jury and seeks judgment against defendants in an amount of $50,000 for each of them, plus costs of this suit. He is represented by Jeremy W. Sackett of Swanson & Sackett PC in Edwardsville.

Madison County Circuit Court case number 16-L-1464

Woman alleges dog bite while delivering package in Highland

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EDWARDSVILLE – A delivery driver is suing a Highland couple after she was allegedly bit by their dog while delivering a package.

Mary Scheibel filed a complaint on Oct. 24 in Madison County Circuit Court against Eric Nanney and Leah Nanney, alleging negligence and that they violated the Animal Control Act.

According to the complaint, the plaintiff alleges that on Nov. 1, 2014, she was peaceably returning to her vehicle after delivering a package to defendants' home when their dog allegedly came from behind, knocked her down and began biting her in the right knee and leg. 

Scheibel claims she sustained severe and permanent injuries, causing her to suffer pain, mental anguish and large sum of money necessary for medical treatment.

The plaintiff alleges the Nanneys negligently allowed their dog to be unattended, failed to control their dog and failed to warn her of the dog's vicious nature and its tendency to attack and bite persons even without provocation, the suit states.

The plaintiff seeks judgment against each defendant for an amount of more than $50,000, plus costs of this suit and any other relief as the court deems proper. She is represented by Micah S. Summers of Walton Telken Foster LLC in Edwardsville.

Madison County Circuit Court case number 16-L-1462

Man alleges assault at Collinsville wedding

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EDWARDSVILLE — A man is claims he was assaulted while attending a wedding at the Collinsville American Legion post.

Michael Roeder filed a complaint on Oct. 26 in Madison County Circuit Court against Jason R. Smith, Cristopher J. Smith, Justin D. Hill, Dennis Slater and Leighton Evatt Post 365 of the American Legion, alleging that the individuals assaulted him and that the American Legion post breached its duty to protect its patrons.

According to the complaint, Roeder alleges that on Sept. 12, 2015, he was attending a wedding at the American Legion 365 in Collinsville when he was attacked by other patrons and business invitees.

As a result of the attack, he claims he suffered injuries to his head, face and body that resulted in serious and permanent injuries, past and future pain and suffering, loss of income and medical expenses, the suit alleges.

Roeder alleges the defendants are responsible for the assault and failed to protect him, the suit states.

The plaintiff requests a trial by jury and seeks judgment against the defendants in a fair and reasonable amount exceeding $50,000 for each, costs for this action and for such further relief as the court deems just. He is represented by William K. Meehan of Meehan Law Firm in University City, Missouri.

Madison County Circuit Court case number 16-L-1467

Midwest Biodiesel Products, guarantors accused of failing to pay loan

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EDWARDSVILLE — A financing company is suing a borrower and guarantors for allegedly failing to pay on an equipment loan.

Ascentium Capital LLC filed a complaint on Oct. 27 in Madison County Circuit Court against Midwest Biodiesel Products LLC and guarantors Terry Zintel, George Sprague and St. Louis Biofuels LLC, alleging they violated an equipment financing agreement.

According to the complaint, the plaintiff alleges that on June 19, 2015, it provided an equipment loan to Midwest in the amount of $131,750, which was guaranteed by Zintel, Sprague and St. Louis Biofuel. To date, the amount of $128,668.87 remains unpaid, the suit alleges.

The plaintiff alleges the defendants failed to make required payments when due.

The plaintiff requests a trial by jury and seeks judgment against the defendants in the amount of $128,668.87, plus continuing interest, attorneys' fees, costs and for any other relief the court deems proper. It is represented by Jeffrey B. Rose of Lowis & Gellen LLP in Chicago and Cherrie McDonald of Greensfelder, Heinker & Gale PC in Swansea.

Madison County Circuit Court case number 16-L-1487

Medical malpractice suit alleges prescription resulted in death

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EDWARDSVILLE — An executor of a deceased woman's estate claims the decedent died days after being prescribed a new medication.

Judi Ashcraft, individually and as executor of the estate of Wanda Phillips, filed a complaint on Oct. 28 in Madison County Circuit Court against Dr. Sophia Rostovtseva, Maryville Physicians' Services LLC, UDI #2 LLC, Unlimited Development Inc., Home Pharmacy Services LLC and others, alleging that they failed to exercise the degree of care and caution commonly expected of medical professionals.

According to the complaint, Ashcraft alleges that on Feb. 10, 2015, Phillips was a patient at Liberty Village of Maryville when Rostovtseva prescribed fludrocortisone, a drug that was allegedly contraindicated with her heart condition. Two days later, Phillips' mental state worsened and she was admitted at Anderson Hospital due to severe electrolyte abnormalities. Ashcraft claims her condition never stabilized and she never regained consciousness. Phillips died on Feb. 19, 2015, the suit alleges.

The plaintiff alleges the defendants failed to diagnose properly and negligently prescribed fludrocortisone.

The plaintiff requests a trial by jury and seeks judgment in excess of $50,000, plus costs of this suit. She is represented by Matthew R. Chapman of Becker, Schroader & Chapman PC in Granite City.

Madison County Circuit Court case number 16-L-1484

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