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AFSCME uses fake 'compromise' to set stage for state worker strike

January 17, 2017, 6:03 am
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The American Federation of State, County and Municipal Employees says it is willing to strike a compromise if only Gov. Bruce Rauner will come back to the bargaining table. But when union officials say they’ll forego more money and will contribute more to health care costs, they’re not being forthcoming about their true intentions. AFSCME’s “compromise” proposals would still remove Rauner from negotiations on health care costs – and would still include raises for workers.

And now the union is using its fake compromise as a platform to strike.

On Jan. 9 AFSCME sent a letter to media with a “framework” of provisions on which it might be willing to compromise. But this “olive branch” is simply more smoke and mirrors from a union determined to eke out more money from state taxpayers.

When the state didn’t fall for this fake offer, AFSCME leaders turned, once again, to strike threats. In a Jan. 13 letter to union members, which was posted on CapitolFax.com, AFSCME leadership announced it will hold a vote to authorize a strike between Jan. 30 and Feb. 19.

Illinois is in deep financial trouble. The state has nearly $11 billion in unpaid bills, pension debt of $130 billion, and the nation’s worst credit rating. Yet over the course of almost two years, AFSCME has refused to compromise on contract demands that would cost the state an additional $3 billion in wage and benefit increases.

AFSCME claims its “framework” is a compromise. But a closer look at that “framework” – and particularly the alleged “compromises” on wages and health insurance – reveals AFSCME is really proposing more of the same, and potentially basing a strike by 35,000 state workers on a fake offer.

AFSCME still wants raises

AFSCME claims it is willing to forego any increases in base wages in all four years of the contract. To the average taxpayer, that looks like a concession. But there is more to AFSCME salaries than base wages.

AFSCME’s previous contracts also included “steps” and “lanes,” convoluted raises based on seniority. “Steps” are semi-automatic raises that are added to an employee’s salary simply for working another year. Some employees also earn “lane” increases, which are semi-automatic promotions that place the employees on a different wage scale. So in addition to base wage increases negotiated in past contracts, employees were also eligible for two other extra wage increases.

If it sounds confusing, that’s because it is. Government-worker union contracts frequently include step and lane increases designed to hide raises from the public.

Even though AFSCME may appear to “compromise” on base salary increases, that doesn’t tell the whole story. In fact, part of AFSCME’s “framework” called for eligible employees to move to the next step in fiscal years 2018 and 2019.

AFSCME wants health insurance decided by a third party unaccountable to voters

AFSCME also claims it is willing to accept increased health insurance premiums, co-pays and deductibles for fiscal years 2017, 2018 and 2019. But it wants those increased costs determined by an “independent arbitrator.”

Think of this as “Senate Bill 1229 lite.” In 2015 and 2016, AFSCME tried to push through legislation (SB 1229 and House Bill 580) that would have forced the state out of contract negotiations and into arbitration with an “independent arbitrator.”

These bills were designed to strip the state of its bargaining power by allowing a panel of unelected arbitrators to step in and draft a binding contract between the state and AFSCME. Rauner vetoed the bills, and the Illinois General Assembly was unable to override that veto. But had either bill been enacted, AFSCME would have been able to leave the bargaining table and place all issues before a third party – which would not be accountable to Illinois voters.

AFSCME’s so-called compromise on health insurance is nothing more than a reincarnation of SB 1229 and HB 580, limited to health insurance provisions (as opposed to all contract provisions).

What’s more, there is no guarantee that an “independent arbitrator” would actually increase employees’ contributions to health insurance. In fact, under AFSCME’s proposed language, an arbitrator would be able to decide not to increase contributions at all – or even to decrease worker contributions. Research demonstrates that arbitrators usually side with unions.

AFSCME lost, but it wants to reopen negotiations

Another part of AFSCME’s “framework” is “further negotiations on all other outstanding issues.” That is no compromise – that is AFSCME wanting to start negotiations all over.

AFSCME already lost. The Illinois Labor Relations Board determined that AFSCME and the state are at impasse in contract negotiations and has given the governor the go-ahead to implement his last contract offer. The only thing standing in the way is AFSCME. Rather than accept the contract and move on, AFSCME ran to state courts to stop implementation of the contract. Now it is trying to get around the labor board’s decision by offering disingenuous “compromises,” demanding further, futile negotiations, and calling a strike vote.

If AFSCME were really interested in moving ahead, it would accept the governor’s last offer. AFSCME’s “framework” isn’t about compromise. It’s a publicity stunt and a bogus reason for a potential strike over unreasonable demands.
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Madison County foreclosures Jan. 9-11

January 17, 2017, 10:37 am
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JANUARY 9, 2017

US BANK V. GREGORY AND CHRISTINE SPILLER, $150,749.58, 4708 BRECHT LN., GODFREY. 17CH8
US BANK V. SHAWN LINDSEY, $65,118.72, 2900 WARREN AVE., GRANITE CITY. 17CH9
PHH MORTGAGE V. VICKI MCDOWELL, $43,176.22, 11 VICTORIA DR., GRANITE CITY. 17CH10

JANUARY 10, 2017

FIRST COLLINSVILLE BANK V. DAVID MCKERNAN, $277,285.39, 6757 OXBOROUGH CT., MARYVILLE. 17CH12
SUNTRUST MORTGAGE V. BRET AND KATHERINE CUMMINS, $158,868.92, 162 S. KINGDOM ST., BETHALTO. 17CH13
HSBC BANK V. MARCY JOHNSON, $106,823.75, 505 N. CENTER ST., COLLINSVILLE. 17CH14


JANUARY 11, 2016

US BANK V. SARA WYATT, $50,047.46, 146 LINCOLN AVE., E. ALTON. 17CH16
WELLS FARGO BANK V. RUBY AND WILLIAM SKINNER, $30,070.22, 702 E. CLAY ST., COLLINSVILLE. 17CH17
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Madison County civil docket Jan. 23-27

January 17, 2017, 10:42 am
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Monday, January 23

8:45 AM

HOWERTON SALLY  V.  HOFFNER MICHAEL
14-L-001699, HYLLA 230

9:00 AM

REDDING APRIL  V.  GATTON DANNY
11-L-000116, RUTH 311

Tuesday, January 24

9:00 AM

DRAEGER MEDICAL SYSTEMS INC  V.  D&M MEDICAL INC
15-L-000570, RUTH 311

Wednesday, January 25

9:00 AM

GOWIN RONALD E  V.  GRIESEMER BRUCE W
16-L-001375, MATOESIAN 351

DWYER JODI S  V.  SMITH NELLIE A
16-L-000953, MUDGE 302

COLLINSVILLE AREA RECREATION D  V.  PUREPLAY LLC
13-L-002129, MUDGE 302

FULMER MALINDA  V.  MARSHALL DEBORAH
16-L-000210, MATOESIAN 351

GASKILL SUSAN M  V.  JOSEPHINES HOLDINGS LLC
15-L-001331, MATOESIAN 351

MCKENZIE EMMETT D  V.  RTS HOLDINGS LLC
16-L-001056, MUDGE 302

LIBERTY MUTUAL INSURANCE CORP  V.  ADVANCED EXTERIORS AND
16-L-000570, MATOESIAN 351

RAZER ABBY B  V.  JULIAN TAMMY
15-L-001092, RUTH 311

REED LAUREN K INDIVIDUALLY AND  V.  SOUTHWESTERN ILLINOIS HEALTH
14-L-000823, MATOESIAN 351

BOGOVICH SHARI AS SPEC ADMIN O  V.  SOUTHWESTERN ILLINOIS HEALTH
16-L-000114, RUTH 311

HUGHES VINCE  V.  SUTTON MICHAEL SUPERINTENDENT
16-L-000528, RUTH 311

LIGHT JONI L  V.  DYNAMIC TRANSIT COMPANY
16-L-000462, MUDGE 302

HARLAN JUDYTH A  V.  JOHNSON & JOHNSON INC
15-L-000084, MUDGE 302

LEWIS CANDACE  V.  JOHNSON & JOHNSON
15-L-000409, MUDGE 302

NUGENT RITA M EXECUTOR OF THE  V.  ALTON MEMORIAL HOSPITAL DBA
16-L-000690, RUTH 311

ELLER JESSE  V.  LOMBARDO JAMES M
16-L-000982, RUTH 311

BUFFO ANTONIO  V.  UNITED STATES STEEL CORPORATIO
14-L-001176, RUTH 311

SPRAGGS TIMOTHY M  V.  BOSWELL NICHOLAS B
14-L-000876, RUTH 311

HANNANT KEITH  V.  HESSE PAIGE
16-L-001116, MUDGE 302

HARRIS COLIN  V.  DAVE&JUDY'S INC DBA DAVE&JUDY'
16-L-000702, MUDGE 302

KLOEPPER CHANCE A MINOR BY HIS  V.  GRANITE CITY COMMUNITY UNIT
13-L-001586, MATOESIAN 351

HARDISON CYNTHIA  V.  SHIV AM HOTEL LLC DBA SUPER 8
15-L-000839, MATOESIAN 351

ATKINSON CRAIG A  V.  POLZIN NANCY J
13-L-001497, MATOESIAN 351

GATEWAY PUBLIC ADJUSTERS PC  V.  BRUNAUGH JASON
14-L-001055, MUDGE 302

SMITH VERNON T JR  V.  ILLINOIS INDUSTRIAL TOOL INC
15-L-000926, MATOESIAN 351

ROSE TIMOTHY  V.  O'REILLY AUTO PARTS
15-L-001671, MATOESIAN 351

PORTER ROSE M  V.  BAREFOOT LLC
16-L-001121, MUDGE 302

CACH LLC  V.  GROOMS DONALD E
16-L-000216, MATOESIAN 351

BARNHART ROBERT AS SPEC ADM OF  V.  SAINT ANTHONYS HEALTH CENTER
13-L-000912, RUTH 311

WATTS VEVA  V.  ANDERSON ROY
13-L-000030, MUDGE 302

TADLOCK JAMES  V.  JONES JOSEPH DBA JOES HAWG DOC
14-L-000552, MUDGE 302

STARNES CONSTANCE  V.  PHILLIPS MALISSA
16-L-001017, MUDGE 302

STATE FARM MUTUAL AUTOMOBILE I  V.  KELLOGG TREY
15-L-001364, MUDGE 302

LANTER DANNY  V.  BLEDSOE DEVON
16-L-000974, MATOESIAN 351

AINSWORTH JOSHUA  V.  LAWNCOMER INC DBA LAWNCOMER
12-L-001788, RUTH 311

HUMMER ANGELA  V.  BEDELL WILLIAM M ACHIEVEMENT A
14-L-000980, MUDGE 302

KHAMMANIVONG KHAMPHANH  V.  GATEWAY PACKAGING COMPANY LLC
14-L-001189, RUTH 311

BLECHINGER BILL  V.  ALVARADO ALEJANDRO J MD
16-L-000373, MUDGE 302

BUNT ANTONIA  V.  CITY OF WOOD RIVER
14-L-000504, MATOESIAN 351

WEISBERG WILLIAM H  V.  MARTINEZ CHRISTINA M ESTATE OF
16-L-000002, MATOESIAN 351

PRAIRIE FARMS DAIRY INC  V.  SANITARY STAINLESS SERVICES IN
12-L-001323, MATOESIAN 351

LITTLE BARBARA  V.  WEBER JOSEPH DBA RIVERBEND STO
16-L-001171, MATOESIAN 351

STOCKARD GREGORY K  V.  MONUMENTAL LIFE INSURANCE COMP
11-L-001039, MUDGE 302

PRICE REGINALD B  V.  SHORTER MARK D
15-L-000378, MUDGE 302

LOOPER WESTON AKA KRISTI LOOPE  V.  KUETHE AARON R
15-L-000877, RUTH 311

BISHOP RALPH E  V.  DONZOS BAR & GRILL INC AN ILLI
16-L-000951, MATOESIAN 351

FIGUEROA MIROSLAWA N TRUST U/A  V.  JUSUFI FRANK AKA FETO JUSUFI
14-L-001311, RUTH 311

GARLAND KATHY A  V.  WEBSTER EDWARD E
16-L-000512, RUTH 311

WILKERSON BRIEANA A MIN BY HER  V.  PELO PATRICIA
14-L-000449, MATOESIAN 351

ALFIERI VICTOR  V.  RATERMANN BRANDON
16-L-000874, MATOESIAN 351

ROSSON DEBRA K  V.  GALLO RYAN J
16-L-000263, MUDGE 302

BRUMMEL JOHN R AS FATHER AND N  V.  KOSTIELNEY NICHOLAS L
14-L-001605, MUDGE 302

TOTTY MICHAEL  V.  TOTTY BARBARA L
16-L-000278, MATOESIAN 351

BUTLER LAWRENCE  V.  SCHNUCK MARKETS INC
15-L-001551, MUDGE 302

SMELSER JONATHON W  A MINOR BY  V.  THUIS VERONICA L
16-L-000070, MATOESIAN 351

EMDE HAROLD EXECUTOR OF THE ES  V.  SA ENC BLU FOUNTAIN LLC DBA
13-L-001371, MATOESIAN 351

STEVENS HEATHER AS MOTHER/NEXT  V.  BETHCOR INC
14-L-001252, RUTH 311

CARSTENS WICKHAM BELINDA  V.  SEDYCIAS JOAO
14-L-000545, MATOESIAN 351

STEPHENS TERESA  V.  USF INSURANCE COMPANY
04-L-001318, RUTH 311

HAMILTON CYNTHIA  V.  VARBLE SHAKIRA
14-L-001281, MUDGE 302

COULSON TIMOTHY  V.  TAYLOR LEROY
15-L-000260, MUDGE 302

GAMBINO BRIANNA A MINOR BY NEX  V.  AUSTIN SUSAN
15-L-001378, RUTH 311

BURRELL COURTNEY  V.  AMEREN INC
09-L-000966, RUTH 311

GABRIEL DANA  V.  JACKSON PHILIPP
14-L-001625, MUDGE 302

BUDER DARYL  V.  CONSUMERS INSURANCE USA
16-L-000306, MUDGE 302

RUSHING JAMES  V.  FORBES GERY L
16-L-001040, MUDGE 302

GATLING DERON  V.  OMONDI PRICE DO
16-L-000098, RUTH 311

ROSS JERMAIN  V.  YOUNG ALECIA
16-L-000592, RUTH 311

FARMER BRIAN  V.  PROGRESSIVE NORTHERN INSURANCE
16-L-000733, MUDGE 302

MARTIN WILLIAM H  V.  SCF LEWIS & CLARK FLEETING LLC
15-L-000013, RUTH 311

MAZZARELLA SHERRY  V.  WOOD RIVER HEALTHCARE & REHABI
16-L-001044, MUDGE 302

SUMNER KEVIN W  V.  KILBURY SCOTT
16-L-000182, MUDGE 302

WARDEN SAM  V.  NORFOLK SOUTHERN RAILWAY CO
15-L-000450, MUDGE 302

LILLIS JOLENE  V.  SOUTHERN ILLINOIS IMAGING ASSO
15-L-000330, MATOESIAN 351

WHITEHEAD DANZEL  V.  VALERIUS RICK
14-L-001740, RUTH 311

CONTEGRA CONSTRUCTION COMPANY  V.  TECHNICOTE INC
16-L-001403, RUTH 311

SMITH BOBBIE J  V.  GUTZLER MARY T
15-L-001393, MUDGE 302

TOTTY BARBARA  V.  HAYES DEBRA K
14-L-001183, RUTH 311

WAYMORE POWER  V.  BROADWAY RIVER AND RAIL
07-L-000398, MATOESIAN 351

GAPINSKI ASHLI J  V.  FRANKLIN MEGAN L
14-L-001613, MATOESIAN 351

DAVENPORT STEPHANIE  V.  WIKOFF CATHERINE L MD
09-L-001022, MATOESIAN 351

CRANE MARY M AS PERSONAL REP O  V.  ALHAMBRA CARE CENTER INC
14-L-001693, MUDGE 302

WEISS SHIRLEY ANN DAUGHTER  V.  FAITH CARE LLC
16-L-001108, MATOESIAN 351

HARVEY ANTHONY J SR  V.  SCHRAGE WILLIAM R
12-L-001661, MUDGE 302

BAAB MICHAEL J  V.  YODER DANIEL M
15-L-000482, MATOESIAN 351

WELLS FARGO BANK NA  V.  HOME BUYERS RELOCATION SERVICE
16-L-001042, MUDGE 302

KELTNER PEGGY  V.  SUNCOKE ENERGY INC
14-L-001540, MUDGE 302

REDMOND JAMES  V.  OTTWELL JUNE R
16-L-001057, RUTH 311

KELLER EXCAVATING LLC  V.  CHIPPEWA LOFT LLC
16-L-000207, MUDGE 302

DUNN KEVIN S  V.  WEISS JOSHUA W
16-L-000021, MUDGE 302

WALTON ALBERT H  V.  PESKAR LEONA H
16-L-000635, MATOESIAN 351

MONROE TONYA  V.  CANNON SARA DR
11-L-000403, MATOESIAN 351

TOMERLIN JAY AS SPC ADM OF THE  V.  SPRAGGS HOWARD
15-L-000239, RUTH 311

HALDEMAN LANA  V.  DOWNING SAMANTHA
16-L-000348, RUTH 311

TAYLOR WILLIE III  V.  OTTWELL KELCI
16-L-000517, MATOESIAN 351

SANDERS GEORGETTA  V.  MORIETTA KAYLIE
16-L-000662, MATOESIAN 351

CULP CHRISTINA  V.  HUGHES TOBY
16-L-000942, MUDGE 302

THOMAS KATHRYN  V.  CLEVENGER DAYLE
16-L-001022, RUTH 311

KLEINE SARA ATTY IN FACT AND N  V.  ALTON REHABILITATION AND
15-L-000097, MUDGE 302

RLJ LENDING CO  V.  ANDERSON MICHAEL C
16-L-001041, RUTH 311

HIGHLAND SUPPLY CORPORATION AN  V.  PAPELERA DEL PLATA INC A
11-L-001336, RUTH 311

DOE JANE BY HER MOTHER AND NEX  V.  WORD OF LIFE TABERNACLE NFP
16-L-000123, MUDGE 302

GRECO JAMES J SPEC ADM OF THE  V.  ORTHOPEDIC & SPORTS MEDICINE
11-L-000140, MUDGE 302

BARRY MICHAEL  V.  SCHENKER LOGISTICS INC
15-L-001386, MATOESIAN 351

MTC 1 A CORPORATION  V.  VOGLER VINCENT
16-L-000176, MUDGE 302

ROSENKRANZ JOHN H IV  V.  CENTRAL BUSINESS MANAGEMENT SE
13-L-002200, MUDGE 302

PANZIER PATRICIA  V.  SA-ENC VIP MANOR LLC DBA VIP M
14-L-000602, RUTH 311

COTTRELL KENNETH  V.  LURKINS DALE IND/AS AGENT SERV
13-L-000018, RUTH 311

HANNEKEN ANDREW  V.  K & D CORNERS INC DAB BRENDAS
15-L-000486, MUDGE 302

FUNKHOUSER DAVID ON BEHALF OF  V.  CITY OF GRANITE CITY A
11-L-001307, FLACK 228

STAMPER JULIE SPECIAL ADMIN FO  V.  METRO SPORTS INC TWIN RIVER
16-L-001181, MATOESIAN 351

WARE AC SR  V.  MEYER ABBEY R
16-L-001058, MATOESIAN 351

MILLER JAMES L  V.  GORDON JENNA K
15-L-001574, MATOESIAN 351

BANK OF EDWARDSVILLE  V.  OPTIMAL HEALTH MEDICINE LLC
16-L-001070, RUTH 311

BURNETT LINDA  V.  SCHALK JOHN
16-L-001088, MATOESIAN 351

SPENDTHRIFT FARM LLC  V.  CRISTEL JIM
15-L-001612, MATOESIAN 351

MIKHAIL CASSANDRA  V.  EBEL SHAWN
16-L-000409, MUDGE 302

PATEL TARUNKUMAR T  V.  GHANSHYAM MANAGEMENT INC AN IL
09-L-001079, MUDGE 302

PATTERSON JOHN M  V.  DALTON GLEN H
15-L-001379, MATOESIAN 351

ELLIOTT DENNIS M  V.  PORTER AMANDA K
16-L-000116, MATOESIAN 351

ROUNDCOUNT JARIS  V.  DIEL TYLER
15-L-000466, MUDGE 302

WILLIAMS ROBERT C  V.  PREMIER CDL TRAINING SERVICES
16-L-000639, MUDGE 302

REITZ CAROLYN AS SPEC ADMIN OF  V.  EDWARDS KENNY
14-L-000595, RUTH 311

DELTA PRIVATE JETS INC  V.  PREMIER AIR CENTER INC DBA WES
15-L-001069, MATOESIAN 351

MALLOY CASSANDRA IND/PERS REP  V.  MIDKIFF CHRISTINA MD
14-L-000532, MATOESIAN 351

CLAY DIANE  V.  LEADY WILLIAM D
11-L-001439, MUDGE 302

TRAVELERS PROPERTY CASUALTY CO  V.  LOVE CONSTRUCTION AND
14-L-000673, MUDGE 302

VAN WYK JENNIFER  V.  BOATMAN JR RICHARD R DMD PC DB
09-L-000806, MATOESIAN 351

LAROSE PHIL L  V.  LOWES HOME CENTERS LLC
15-L-000823, RUTH 311

JONES ROBERT  V.  METALS USA BUILDING PRODUCTS C
14-L-000314, RUTH 311

CARTER MATTHEW E ON BEHALF OF  V.  CITY OF ALTON A MUNICIPAL
11-L-001305, FLACK 228

ALLSTATE RECOVERY SERVICES INC  V.  BEACON FUNDING CORPORATION
15-L-001664, MATOESIAN 351

ABNEY RACHEL  V.  OFFICER JACKSON
16-L-000383, RUTH 311

LOEHR DIANA  V.  GOSKIE DEBRA E
15-L-000539, MUDGE 302

BURRELL COURTNEY  V.  CITY OF MADISON
08-L-001162, RUTH 311

ADAIR KIERSTYN G A MINOR BY RO  V.  LEGATE GAILE M
14-L-001638, MATOESIAN 351

DAUBE MICHAEL  V.  VOSS PATRICK
14-L-001770, MATOESIAN 351

TURNER LANELL  V.  PENSKE TRUCKING
16-L-001008, RUTH 311

10:00 AM

WEISS RICHARD M  V.  SOUTHWESTERN ILLINOIS HEALTH F
12-L-000122, HYLLA 230

KOPESKY AMY ON BEHALF OF HERSE  V.  CITY OF COLLINSVILLE A
11-L-001306, FLACK 228

LEWIS ALLAN ON BEHALF OF HIMSE  V.  CITY OF EDWARDSVILLE A
11-L-001304, FLACK 228

1:00 PM

BIXLER GREGORY  V.  NICKALLY CORPORATION DBA NICKS
14-L-001038, RUTH 311

1:30 PM

GOURLEY CAITLYN  V.  WORTHAM ERIC
12-L-000942, RUTH 311

MABERRY GERALD  V.  SHELL OIL COMPANY
15-L-001193, RUTH 311

MORSTAIN ELIZABETH  V.  COLLINS CLUB INC
14-L-001767, RUTH 311

HORNE SANDY  V.  BEQUETTE ELIZABETH A
15-L-000760, RUTH 311

Thursday, January 26

9:00 AM

FIRST CLOVER LEAF BANK SUC IN  V.  GARDNER TAMMY
08-L-000309, HARRISON 247

FIRST CLOVER LEAF BANK SUC IN  V.  GARDNER TAMMY
08-L-000310, HARRISON 247

FIRST CLOVER LEAF BANK SUC IN  V.  GARDNER TAMMY
08-L-000311, HARRISON 247

THOMPSON JOHN W  V.  COTTRELL INC
09-L-001067, MUDGE 302

WALLENDORF LAURA AS SPEC ADM O  V.  ST ANTHONYS PHYSICIAN GROUP
14-L-000060, MUDGE 302

1:00 PM

SIX MILE REGIONAL LIBRARY DIST  V.  KORTE & LUITJOHAN
16-L-001167, MUDGE 302

TECHNOLOGY INSURANCE CO A NEW  V.  OASIS CONSTRUCTION INC AN
16-L-001289, MUDGE 302

LIGHT JONI L  V.  DYNAMIC TRANSIT COMPANY
16-L-000462, MUDGE 302

GRANT NICOLE AS SPECIAL ADMINI  V.  JOHNSON & JOHNSON
16-L-000736, MUDGE 302

CECCHINI JOSEPH  V.  AMEREN ILLINOIS COMPANY
14-L-000021, MUDGE 302

HALE CAROLINE  V.  GLENHAVEN GARDENS OF ALTON LLC
16-L-001353, MUDGE 302

DAVIDSON CYNTHIA  V.  3M COMPANY
16-L-001392, MUDGE 302

TAYLOR ALLEN L  V.  MCCORMICK JENNIFER R
15-L-001178, MUDGE 302

SPROULL JARRET  V.  STATE FARM FIRE AND CASUALTY C
16-L-001341, MUDGE 302

MCBRIDE KRISTINA  V.  SHATZ RICHARD MD
16-L-000511, MUDGE 302

BROWN JASMINE R  V.  AMEREN ILLINOIS COMPANY
16-L-000134, MUDGE 302

KEEBLER HAROLD  V.  PINNACLE FOODS INC
16-L-000228, MUDGE 302

ALDRIDGE BARRY  V.  DUGUAY CHRISTOPHER
15-L-000248, MUDGE 302

LAFOND LARRY  V.  SMITH JORDAN
15-L-000921, MUDGE 302

RUSHING JAMES  V.  FORBES GERY L
16-L-001040, MUDGE 302

BRANDT JAMIE  V.  KANE THOMAS
15-L-000105, MUDGE 302

BATES EARNEST  V.  FORBES ROBERT S
15-L-000524, MUDGE 302

BRAY STEPHEN D  V.  NORWOOD DARRELL K
16-L-001305, MUDGE 302

Friday, January 27

9:00 AM

LACEY OLIVIA A AS SPEC ADMIN O  V.  OSF HEALTHCARE DBA ST.
16-L-000658, RUTH 311

RCS RECOVERY SERVICES LLC  V.  HUFF DALE
16-L-001126, RUTH 311

MORGAN LAVATRICE K  V.  CAMPBELL WILLIAM F
16-L-000734, RUTH 311

CHARNAS MADELYN  V.  ALTON MEMORIAL HOSPITAL A NOT
14-L-001691, RUTH 311

WALLER CLAYTON A MINOR BY AND  V.  HULSEN THOMAS MD
14-L-000566, RUTH 311

TEDFORD GARY  V.  ACE VENTURES COLLINSVILLE LLC
15-L-001131, FLACK 228

GILLESPIE JODEE L AS INDEPENDE  V.  GOFF KEITH
16-L-001101, RUTH 311

10:30 AM

STUTTLE CHARLES M  V.  HELICA PHARM LLC
14-L-001607, RUTH 311
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Madison County asbestos motion docket Jan. 23-27

January 17, 2017, 10:59 am
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0
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Monday, January 23

9:30 AM

KINNEY WENDELL   V.   KINNEY ROBERT
16-L-000258, ASBESTOS J 327

Wednesday, January 25

9:00 AM

DAWSON JAMES I SR   V.   AIR & LIQUID SYSTEMS CORPORATI
15-L-001322, ASBESTOS J 327

ANDRADE ROSIE INDIVIDUALLY   V.   ACF INDUSTRIES
14-L-000888, ASBESTOS J 327

GOODMAN CLEVEN DOUGLAS   V.   AII ACQUISITIONS LLC FKA AII A
16-L-000576, ASBESTOS J 327

WATTS SANDRA D INDIVIDUALLY   V.   4520 CORP INC FKA BENJAMIN F S
12-L-002032, ASBESTOS J 327

MORGAN JAMES   V.   AIR & LIQUID SYSTEMS CORPORATI
15-L-000997, ASBESTOS J 327

WICHMANN CORINNE INDIVIDUALLY   V.   AERCO INTERNATIONAL INC
13-L-001354, ASBESTOS J 327

NICKLES MARK INDIVIDUALLY   V.   CERTAIN TEED CORPORATION
14-L-001645, ASBESTOS J 327

YEARGAN WESLEY A   V.   AMERICAN BILTRITE INC
16-L-000466, ASBESTOS J 327

Friday, January 27

9:00 AM

TYLER EUGENE   V.   4520 CORP INC SUCCESSOR IN INT
16-L-000737, ASBESTOS J 327
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McCarter headed to Washington for Trump inauguration

January 17, 2017, 11:40 am
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State Sen. Kyle McCarter (R-Lebanon) is not too concerned about planned protests that are intended to disrupt the inauguration of President-elect Donald Trump on Friday.

McCarter and his wife Victoria are traveling to Washington to view the inauguration as well as attend at least one ball.

"We have never been to an inauguration, so we decided it was a good time to go and a good time to celebrate President Trump," McCarter said.

One of the left-leaning groups planning to disrupt Trump's inauguration is #DisruptJ20, which is calling for "a bold mobilization against the inauguration of Donald Trump," in Washington as well as across the country and globe.

"If you can’t make it to Washington, D.C. on January 20, take to the streets wherever you are," the group says on its website. "We call on our comrades to organize demonstrations and other actions for the night of January 20. There is also a call for a general strike to take place. Organize a walkout at your school now. Workers: call out sick and take the day off. No work, no school, no shopping, no housework."

McCarter said that while the protests are getting a lot of attention, he is hearing about resistance "from the other side...with biker groups...They will provide protection," he said.

"So, I think this is kind of like the election," he said. "Everyone thought, like liberal Democrats, that 'we're going to take the election.' But, weren't they surprised. Maybe we will be surprised when Trump (supporters) show up with just as much force."

He added that people who say that Trump "is not their president," are not only disrespecting the office of the presidency but also the millions of voters who elected him.

"We went to the polls according to the process and did what we were able to do and we won," he said.

McCarter and his wife plan to attend a prayer service on Thursday and the Illinois State Society Inaugural Heartland Ball on Thursday night.

They have tickets for the inaugural ceremony on Friday.

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Suit alleging faulty airbags voluntarily dismissed

January 17, 2017, 12:12 pm
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An East St. Louis man voluntarily dismissed his lawsuit alleging the airbag on his Chevy Impla failed to deploy properly in a collision.

Plaintiff Lester Hilliard filed a motion to voluntarily dismiss the case without prejudice on Dec. 5 through attorney Roza Gossage of Belleville.

St. Clair County Circuit Judge Vincent Lopinot granted dismissal on Dec. 6.

In his complaint, Hilliard alleges that in September 2014, he was operating his 2005 Chevrolet Impala on 38th and St. Clair Avenue when he was stopped at a green light.

Hilliard claims he was waiting for the roadway to clear so he could make a left turn when defendant Melissa Montgomery allegedly struck his vehicle. He alleges the airbag in his vehicle failed to deploy, causing him severe and permanent injuries.

The plaintiff alleges Montgomery failed to keep a proper lookout, failed to reduce speed in time to avoid the crash, failed to steer her vehicle to avoid the collision and failed to operate her vehicle within the posted speed limit.

He also alleges defendant General Motors LLC manufactured a vehicle with faulty airbags.

Hilliard sought a judgment in his favor for more than $100,000, plus court costs and all other relief the court deems just.

St. Clair County Circuit Court case number 16-L-475
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Democrat Party’s alienation of rural America similar to urban rejection of Republicans

January 17, 2017, 1:23 pm
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As the inauguration of Donald J. Trump approaches, there’s one setting that’s likely to celebrate rather than resist the coming transition of power – rural America.
Republican Trump’s 306-232 Electoral College victory over Democrat Hillary Clinton reflects an alienation of rural America from Clinton and her party as soundly as voters in dense neighborhoods reject Republicans.
Take Clay counties across the country, for example.
In the county that Kentucky named for famous son Henry Clay, 11 percent of voters picked presidential candidate Hillary Clinton.  
Clinton scored 16 percent in Clay County, Illinois, and Clay County, Nebraska.  
She scored 18 percent in Clay County, Kansas, 19 percent in Clay County, Alabama, and 19 percent in Clay County, West Virginia.  
She scored 23 percent in Clay County, North Carolina, and 24 percent in Clay County, Tennessee.  
Among 10,685,004 voters in a single zone of more than 1,000 counties across 30 states, Clinton scored less than 20 percent
The zone extends from the Canadian border almost to Mexico, and connects the Appalachian Mountains to western deserts.  
Clinton also finished below 20 percent among 812,600 voters in smaller clusters of counties and single counties down to the Gulf of Mexico.   
On the grasslands from Texas to Montana, she finished below ten percent across wide areas and fell below five percent in some counties.  
In Nebraska, candidate Trump carried Banner County by 355 to 18, and McPherson County by 257 to 14.  
He carried Garfield County, Montana, by 653 to 34.  
Such margins resemble those that Democrats produce in big city precincts.  
This change didn’t come about by accident. Democrats asked for it.   
In November 2011, they announced in the New York Times that they would “explicitly abandon the white working class.”  
Writer Thomas Edsall explained that they would cement a coalition of educated voters and less affluent minority voters.  
“The 2012 approach treats white voters without college degrees as an unattainable cohort,” Edsall wrote.   
Stanley Greenberg of the Center for American Progress told Edsall he was “much more interested in affluent suburban voters than the former Reagan Democrats.”  
Greenberg said the party battled for years to win back the white working class.  
“We didn’t know that we would never get them back, that they were alienated and dislodged,” he said.   
Rutgers University political science professor Cliff Zukin told Edsall, “My sense is that if the Democrats stopped fishing there, it is because there are no fish.”  
The strategy worked well enough for President Obama to win another term.  
Democrats stuck with the strategy in 2014, and sacrificed their Senate majority.  
Assessing the loss, Edsall wrote that Democrats keep asking themselves why the white working class doesn’t recognize where its economic interests lie.  
He wrote that a better question would be, what has the party done for them lately? At work and at home, their lives are worse than a generation ago.  
“Their real incomes have fallen, their employment opportunities have diminished, their families have crumbled and their ties to society are fraying,” he wrote.   
He wrote that they didn’t benefit from affirmative action programs and that, “if anything, these programs serve only to limit their horizons.”  
He wrote that from their vantage point, liberal victories in the sexual revolution left women to struggle as single parents coping with male defection.  
Last year, Clinton stuck with the strategy of ignoring voters beyond the suburbs.  
She didn’t ignore coal miners. She told them she’d train them for better jobs.  
Kentucky and West Virginia turned down her offer with emphasis, and so did Wyoming and Montana.  
Clinton scored 13 percent in Harlan County, Kentucky, which Democrats once loved because it symbolized the courage of miners struggling for dignity.  
She needed Ohio, but affluent suburbs of Cleveland and Cincinnati didn’t meet her expectations and rural voters pulled the rug out from under her.  
Holmes County, center of Ohio’s Amish community, gave her 16 percent.  
She needed Florida, North Carolina, and Pennsylvania, but their affluent suburbs didn’t meet her expectations and rural voters there also pulled the rug out from under her.  
She carried Illinois, Colorado, Nevada, and Oregon, but not because rural voters in those states favored her.  
In states where Clinton didn’t campaign at all, she lost by huge margins.  
In Texas, she campaigned once but quickly retreated.  
She carried the cities of Dallas and Houston, but their affluent suburbs didn’t meet her expectations and rural voters there too pulled the rug out from under her.
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Judge: St. Clair County doesn't count as a person in highway guardrail class action

January 17, 2017, 2:42 pm
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St. Clair County State’s Attorney Brendan Kelly and private counsel David Cates must drop consumer fraud claims against a manufacturer of highway guardrails, U.S. District Judge David Herndon ruled on Jan. 10.  
He dismissed the first two counts in a statewide class action complaint against Trinity Industries, of Texas, leaving only a claim of unjust enrichment.  
The first two claims failed because Illinois consumer law protects persons, and St. Clair County doesn’t count as a person.  
Cates had sought to amend the complaint, but Herndon didn’t allow it.  
Cates sued Trinity in 2014, as special assistant to Kelly, seeking an order that would require replacement of every Trinity rail on county roads in Illinois.  
He amended the complaint last year and included all local governments.  
The first count alleged “breach of implied warranties of merchantability and fitness for a particular purpose.”  
“Defendants secretly redesigned, manufactured, and sold a product that it knew, or should have known, would cause the guardrail to lock in the throat of the unit creating a hazard to the occupants of the vehicle and others, killing or maiming several individuals,” Cates wrote.
The title of the second count alleged violation of the Uniform Deceptive Trade Practices Act, but the text quoted that law and consumer law.  
The second count asked for punitive damages.  
Cates titled the unjust enrichment count as, “Pleading in the alternative, should there be no other adequate remedy at law.”  
He sought restitution, claiming Trinity “sought only to reduce their manufacturing costs to the financial detriment of the plaintiffs and also at the expense of the safety of the public at large.”  
Trinity moved for judgment on the pleadings in September, claiming the deceptive practice law counts governments as persons but consumer law doesn’t.  
Andrew LeGrand of Dallas wrote, “Plaintiffs do not plead a separate Uniform Deceptive Trade Practices Act claim.”  
Cates answered in October, conceding the first count but pleading that the county believed it pursued the second count under the deceptive practice law.  
On the same date, he proposed to amend the complaint and add claims of racketeering, common law fraud, and civil conspiracy.  
Cates wrote that through discovery, new information had been disclosed.  
He wrote that the amendment wasn’t late in the case.  
“It is still in the initial stages,” he wrote. “Not one deposition has yet occurred.”  
He wrote that a new complaint wouldn’t change the focus.  
Magistrate Judge Stephen Williams denied the amendment in November, finding plaintiffs didn’t indicate what new discovery was critical to their new claims.  
“Such claims would change the nature of the action which defendants have been defending,” Williams wrote.  
Cates appealed to Herndon, who affirmed Williams on Jan. 10.  
“The record reveals that the discovery and the litigation is really at the tail end and that plaintiffs did have this material for a significant period of time,” Herndon wrote.
In the same order he granted judgment on the pleadings against the first two counts, with prejudice.
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Search

St. Clair County foreclosures Jan. 3-6

January 17, 2017, 2:57 pm
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JANUARY 3, 2017

JP MORGAN CHASE BANK V. CHRISTINE AND JASON STROEDE, $143,160.61, 6 COTTONWOOD CT., BELLEVILLE. 17CH1
US BANK V. BRIA WILLIAMS , $28,180.62, 911 BRISTOW ST., BELLEVILLE. 17CH2
WR ASSET TRUST V. KIM REGAN, $86,356.06, 9015 BUNKUM RD., FAIRVIEW HEIGHTS. 17CH3

JANUARY 4, 2017

WELLS FARGO BANK V. ROBERT NOONAN, $56,418.54, 404 N. 6TH ST., BELLEVILLE. 17CH4

JANUARY 5, 2016

NATIONSTAR MORTGAGE V. DWAYNE AND KATHRYN DANIELS, $52,063.35, 121 ST. ROBERT DR., CAHOKIA. 17CH6
MIDFIRST BANK V. MATTHEW AND ARRON GURNEY, $92,089.07, 217 CHEVY CHASE DR. , BELLEVILLE. 17CH8
NATIONSTAR MORTGAGE V. STEPHEN KASTNER, $25,793.77, 612 ST. MONICA, CAHOKIA. 17CH11

JANUARY 6, 2017

ILLINOIS HOUSING DEVELOPMENT AUTHORITY V. KEVIN AUER, $55,014.06, 511 N. 43RD ST., BELLEVILLE. 17CH9
EMBRACE HOME LOANS V. SHERRY BIRGE, $47,738.74, 2325 CYNTHIA DR., CAHOKIA. 17CH10
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St. Clair County real estate Dec. 27-30

January 17, 2017, 3:06 pm
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DECEMBER 27, 2016

BELLEVILLE

$8,000- 1021 E. B ST. - OSCAR JR. AND SANDRA GAIN TO RICHARD AND PATRICIA RULE
$72,000- 21 N. 41ST ST. - MICHAEL AND KELLY KOEHLER TO JASON DERBYSHIRE
$209,900- 3406 CHIPPEWA DR. - THE SECRETARY OF VA TO GLEN DEMPCY
$14,500- 315 N. 39TH ST. - CRINVESTMENTS TO CLJ SERVICES
$31,500- 315 N. 39TH ST. - CLJ SERVICES TO TOPSTONE INVESTMENTS
$8,657- 209 E. GARFIELD ST. - TAXEASE LIEN INVESTMENTS TO OVATION REO 5
$2,518- 17 FOX CREEK RD. - US BANK TO OVATION REO 4
$11,982- 808 WINSLOW RD. - US BANK TO OVATION REO 1
$158,094- 8801 PRESTWICK - US BANK TO TGG PROPERTIES
$26,424- 1221 MASCOUTAH AVE. - HSBC BANK TO MAINSTREAM INVESTMENTS
$73,000- 1019 S. 5TH ST. - VICKI OWEN TO WILLIAM STOEBER AND CHRISTINA DE BOER
$86,250- 7 WOODCREST DR. - DONNA AN JARED BULLOCK TO DEIDRE POWELL
$26,000- 60 WINDSOR DR. - A K.M. ABDUL AND SAYEEDA MANNAN TO TRC MANAGEMENT SERVICES
$145,000- 8640 STATE ROUTE 163 - STEVEN AND KAREN WAGNER TO CAMERON JORDAN

CAHOKIA

$13,000- 405 E. 5TH ST. - KYNING INVESTMENTS TO CRYSTAL DIXON
$55,000- 1224 JULIE AVE. - RICHARD DAVIS TO GENEVA SIMS

CARONDELET

$4,783- 816 DUPO AVE. E. - US BANK TO OVATION REO 3

E. ST. LOUIS

$3,082- 807 N. 81ST ST. - FALCON LTD TO BRANDON WAIR AND DEMETRIA HARRIS
$1,275,000- 1200 N. FIRST ST. - NATIONAL CITY ENVIRONMENT TO PBT ACQUISITION
$842,140- 1200 N. FIRST ST. - PIELET BROS. TRADING TO FAIRMONT INDUSTRIAL DEVELOPMENT

FAIRVIEW HEIGHTS

$19,101- 109 BOUNTIFUL DR. - PHH MORTGAGE TO MLIPO2 LLC
$235,000- 59 GAMIN DR. - GILBERT AND AUDREY KLEIN TO STEPHEN SCHOMAKER AND MARY MCCAFFREY
$202,900- 5407 DUKE DR. - BRYAN AND ANA DOUGLASS TO KELVIN AND BERONICA STOVALL

FREEBURG

$220,000- 3703 STATE ROUTE 15 - JAMES AND LORIANNE LANCE TO RANDY CLEVELAND

LEBANON

$390,000- RIEDER RDD. - JAMES JOSEPH AND DON SCHAEFFER TO DON AND LYNETTE SCHAEFFER

MASCOUTAH

$56,500- 932 W. GREEN ST. - THE SECRETARY OF VA TO JOSHUA AND NICOLE SANTEL
$1,077,570- HUMMERT RD. - JOSEPH RUTTER TO DENNIS DRESSLER
$13,000- HUMMERT RD. - JOSEPH RUTTER TO BRADLEY VAHLKAMP
$184,500- 616 N. 1ST ST. - CLIFFORD ELLIOTT III TO JAMES AND JENNA PRATT
$198,000- 12 E. STATE ST. - BART AND GEORGIA HILLYER TO JENNIFER BLOSS AND NANCY HOLLADAY

MILLSTADT

$50,000- 700 W. WHITE ST. - JUDY SIMMONS, JUNE BAUMGARTNER AND ESTATE OF JAY KOSSINA TO DM SKAER CONTRUCTION

OFALLON

$137,000- 805 INDIAN SPRINGS RD. - CHERYL CRONIN TO PHILIP AND ANGELA MOHR
$138,000- 206 ANNICE DR. - GENE AND KAREN GERLOFF TO JOSHUA AND KATHLEEN PEEBELS
$150,000- 505 COUNTRY PINE DR. - JASON AND CATHERINE BRANDTLEY TO CALEN AND TRACI ANDERSON
$417,500- 520 INGLESIDE LN. - WIEMAN HOMES INC. TO DARNELLIUS AND TEMPE WEEDEN
$150,000- 325 AMY DR. - MICHAEL AND JILL JOSIAS TO JIMMIE MARKEY
$355,000- 504 OVERBROOK CR. - BLAIR SCHANTZ AND LAURA RUCH TO JARED AND MIHARU EARL
$185,000- 200 FOUNTAINEBLEAU - DOLAN MCKELVY TO KAREN STRAUSS
$850,000- 640 PIERCE BLVD. - AMELIA WESLEY TO MICHARLEE HOLDINGS LLC
$177,000- 1302 DE SOTO DR. - AARON AND DORIS ECONOMOU TO CHAD AND SHAI ANNE GALLANT
$40,500- 1464 WINCHESTER GROVE CT. - SOUTHERN ILLINOIS LAND INVESTMENTS TO KAPPERT CONSTRUCTION CO.

SHILOH

$161,900- 969 HOLYOKE DR. - JAMES AND JENNA PRATT TO CLAYTON MYERS AND REGAN EMKES

SWANSEA

$76,000- 212 WOODRIDGE DR. - THE SECRETARY OF VA TO EDWARD AND THERSA SCHMITT

DECEMBER 28, 2016

BELLEVILLE

$49,900- 8100 W. A ST. - FEDERAL HOME LOAN MORTGAGE TO ANDREA COVER
$2,100,000- 33 ROYAL HEIGHTS CENTRE, 2003 MASCOUTAH AVE, 101 TOWER PLAZA - ROYAL VENTURES ENTERPRISES TO GSM BELLEVILLE
$45,000- 122 N. 40TH ST. - AMY YOUNG TO BARRY FOSTER
$58,000- 304 HUNTLEIGH DR. - FEDERAL NATIONAL MORTGAGE TO MIGUEL AND CYNTHIA VELIZ
$36,000- 200 STATE ST. - JPMORGAN CHASE BANK TO DANIEL FRASCA
$42,216- 216 N. VIRGINIA AVE. - SECRETARY OF HUD TO JAMES REISSEN

CASEYVILLE

$105,000- 216 W. WASHINGTON ST. - CHARLES AND ROBIN EARLIN TO JUAN HERNANDEZ

COLLINSVILLE

$90,000- 1333 ST. CLAIR AVE. - GLENN HULSEY TO CARY HULSEY

DUPO

$11,500- 73 GODIN - RON DAVIS TO BRENDA MORGAN
$12,500- 102 FRONT ST. - RON DAVIS TO BRENDA MORGAN
$135,000- 424 EDWIN DR. - TIMOTHY AND TINA FISHER TO JILL HEUSOHN AND KEVIN ACRA

E. CARONDELET

$8,750- 308 ELIZABETH AVE. - RON DAVIS TO BRENDA MORGAN
$17,500- 2170 - 2176 JESSE ST. - RON DAVIS TO BRENDA MORGAN

E. ST. LOUIS

$23,500- 1620 LAWRENCE AVE. - HSBC BANK TO DEBORAH JACKSON

FAIRVIEW HEIGHTS

$120,000- 58 LEA DR. - JOANN CLEVELAND TO CHARLES AND AMANDA BRUMLEY
$3,120,000- 50 LUDWIG DR. - ST. CLAIR CINE TO MH EXCHANGE V

FREEBURG

$159,000- 604 OLD FAYETTEVILLE RD. - DAWN WESTERFIELD TO ANTHONY AND CATHERINE MONTGOMERY

MILLSTADT

$125,000- 411 W. HARRISON ST. - BRYAN BAKER TO SETH SCHWARTZ

OFALLON

$95,000- 214 COTTAGE HILLS RD. - MATTHEW AND KATHERINE SCHAEFFER TO MICHAEL RAATZ
$158,000- 405 REBECCA DR. - THE RICHARD AND DORIS RICHARDSON TRUST TO DOROTHY KNOCHS
$135,000- 548 WILLOW BEND LN. - MEISE BROTHERS CONTRUCTION TO MARTIN AND THERESA LEDINGTON
$300,285- CENTRAL PARK DR. - OFALLON IL PROPERTY TO MH EXCHANGE V
$6,125,000- 1320 CENTRAL PARK DR. - OFALLON IL PROPERTY TO MH EXCHANGE V

SMITHTON

$235,000- 529 FIELDVIEW DR. - ANTHONY AND CATHERINE MONTGOMERY TO PAUL AND MARY KURRELMEYER

DECEMBER 29, 2016

BELLEVILLE

$249,000- 1906 AND 1918 LLEWELLYN RD. - DONAL SAMSON TO TIMOTHY AND SANDRA DEPPE
$94,000- 204 LONGVIEW DR. - FEDERAL HOME LOAN MORTGAGE TO CHARLES AND BRENDA GLINSEY
$98,000- 633 BELVEDERE DR. - BETTY KNIGHT TO ANNETTE HURD
$101,000- 316 MONTGOMERY DR. - FEDERAL HOME LOAN MORTGAGE TO SARA LARGENT
$39,590- 15 SHERWOOD FOREST - MARY ANN LETT TO ELLEN THIELEMAN
$114,500- 220 BOTANICAL DR. - TIM SALZMAN TO LINDSAY BURNHAM

CAHOKIA

$18,983- XXX PLUM ST., 805 PLUM ST., 917 PLUM ST., XXX LEVIN DR. - JEAN SAUGET, MARJORIE WOODY, DANIEL SAUGET, THE DANIEL AND RHONDA SAUGET JOINT TRUST TO THE DANIEL AD RONDA SAUGET JOINT TRUST

FAIRVIEW HEIGHTS

$135,135- 725 TERRA SPINGS WAY DR. - THE JUDICIAL SALES CORP. TO DIAMANTE CAPITAL
$80,000- 544 LEMANS WAY - LAURA BROOKS TO OPAL WALKER AND CHERYL HARRIS

LEBANON

$231,000- 103 PAUL PL. - BRIAN AND REBECCA HOLLE TO CLINT AND KIMBERLY CZESKLEBA

OFALLON

$206,500- 1050 EDGEWOOD DR. - BRIAN JANSEN TO BILLY AND VICKIE HATLEY

SHILOH

$74,000- 126 SHILOH RIDGE DR. - DETTMER HOMES OF IL TO YEN HOANG
$389,031- 716 ROGUE RIVER DR. - CHARLES  VATTERCOTT CONSTRUCTION TO KENNETH SR . AND BARBARA KENNEY

SWANSEA

$320,000- 28 BARRETT CT. - PAUL AND MARY KURRELMEYER TO JEFFRY AND SALLY ARNDT
$275,000- 3604 SCOTSDALE DR. - JOHN AND SUSAN THOMAS TO NOOR HAMEED AND MEYTHAM ALI

DECEMBER 30, 2016

BELLEVILLE

$122,000- 20 DIANNE DR. - DAVID CROSSLEY TO JUSTIN SCHMIDT
$25,000- 6025 W. A ST. - JAMES AND DEBRA BERKEL TO DAVID SKAER
$89,500- 120 CARLYLE AVE. - JASON AND WENDY MERTZ TO CLAIRE MASTERSON AND RYAN SNOWMAN
$55,000- 413 CHEVY CHASE DR. - JOSEPH AND ELANOR KANIA TRUST TO SCOTT AND BETH JACOB
$30,000- 6 COUNTRY HILL LN. - RICHARD ERDMANN TO LARRY AND SUSAN HULL
$46,000- 1817 CENTERVILLE AVE. - DENISE KLEM TO KENNETH WILSON
$70,000- 312 BLUE RIDGE DR. - REGIONS BANK TO AMY ROSCIGLIONE
$75,000- 305 N. 40TH ST. - LAURA POWELL TO LINDSEY DUNN
$225,000- 6920 AND 6930 W. MAIN ST. - RITA FRIEDMAN TO OFALLO HARDWARE
$20,000- FOLEY DR. - ANDREW HESS TO OFALLO HARDWARE
$92,231- 349 LINCOLNSHIRE BLVD. - NICHOLAS AND CHRISTINA HALL TO DALE AND TERRIE HALL
$30,604- 1600 E. BELLE AVE. - US BANK TO RBS CAPITAL LLC
$129,000- 4317 7 4319 N. PARK DR. - DAN KERN TO JEFFREY AND TAMMY NULL
$215,000- 49 BEN LOUIS DR. - DTI ENTERPRISES TO LEGACY LAND REAL ESTATE

CASEYVILLE

$376,395- 209 FOREST OAKS DR. - MCBRIDE AND SON RESIDENTIAL TO NAOMI AKINS OSUMA AND JOSEPH OSUMA
$260,000- 1121 LUCCA CT. - BRIAN RADER TO THOMAS AND MARY KALIHER

DUPO

$63,000- 301 STONE ST. - AZTEC CONSTRUCTION SPECIALTIES TO DONNA BEDWELL

E. ST. LOUIS

$226,000- 1142 AND 1100 ML KING DR. - JOHN CUSAMANO TO MT. SINAI DEVELOPMENT CORP.
$900- 1315 RUSSELL AVE. - FRANKIE SEABERRY TO AMEERAH NIXON

FAIRVIEW HEIGHTS

$132,500- 266 EDDING LN. - GUY AND JULIE JACKSON TO BRINDA STEPPING
$89,500- 24 CARLIN DR. - DAVID WIER JR. TO ANDREW MCCRARY
$212,500- 5431 BAYLOR DR. - ERIC CALHOUN TO DAMION AND LORRIANNE SCANDRICK

FREEBURG

$90,000- 5 W. APPLE ST. - TARA HACKER TO JERMEY AND AMY HOLTROP

LEBANON

$176,000- 6 CHARLES TRAIL - ANGELA JANSEN TO KRISTOPHER AND RHEANNA REVELLE

MASCOUTAH

$153,000- 640 FALLEN TIMBER LN. - NANCY COLMAN TO SHIRENA FELTON
$203,500- 527 N. AUGUST ST. - BRIAN SHEARER TO JAMES SR. AND EMILY BEEVER
$279,000- 828 INDIAN PRAIRIE DR. - MATTHEW AND MARY BELT TO LARRY HANDY
$88,000- 317 N. INDEPENDENCE ST. - RANDY AND JILLIAN LEBLANC TO KATHERINE VOGES
$134,000- 122 W, GREEN ST. - JAMES SR. AND EMILY BEEVER TO CAROLE HORSTMANN

OFALLON

$281,000- 608 PORTSMITH PL. DR. - PBBF LLC TO MATTHEW AND AMY KRUSZ
$565,067- 501 STILL HOLLOW RUN - HUNTINGTON CHASE HOMES CORP. TO BEERTRAM AND ANDREA ARMSTRONG
$62,000- 481 & 483 BANDMOUR PL. - SCOTT TROY DEVELOPERS TO BARNES PROPERTIES
$62,000- 413 & 415 BANDMOUR PL. - SCOTT TROY DEVELOPERS TO BARNES PROPERTIES
$143,000- 780 KELLEY DR. - RICHARD AND DIANE SCHNEIDER TO NICHOLAS SPANGLER
$110,000- 303 WILLOW DR. - MYRON FAY TO LISA LANTZ

SHILOH

$278,500- 2623 LONDON LN. - RANDY AND LAURA HARRAWOOD TO JOHN AND SHAURICE HORTON
$217,500- 207 EDBROOKE DR. - MICHAEL JR. AND JILL WHITAKER TO BENJAMIN HARMS

SMITHTON

$12,500- 421 S. HICKORY ST. - PRAIRIE STATE PROPERTIES TO CLAVE

SUMMERFIELD

$0- BAECHERER RD. - JUNE BECHERER TO SLM WATER COMMISSION

SWANSEA

$150,000- 205 PINE DALE DR. - GARY AND JANICE RICHERT TO EDWARD JOHNSON
$254,000- 1824 BARBARY WAY - JERALD AND ZOILA TURLEY TO BRUCE AND DEKNESHA HAYES
$100,100- 113 JARDIN CT. - THE JUDICIAL SALES CORP. TO DIAMANTE CAPITAL
$5,000- 113 JARDIN CT. - DIAMANTE CAPITAL AND CHAMPION INVESTMENT TO DIAMANTE CAPITAL
$67,634- 312 LOTUS DR. - THE JUDICIAL SALES CORP. TO DIAMANTE CAPITAL AND CHAMPION INVESTMENT
$10,000- 312 LOTUS DR. - DIAMANTE CAPITAL AND CHAMPION INVESTMENT TO DIAMANTE CAPITAL
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Collinsville KFC owner says statements were true in defamation suit

January 17, 2017, 3:37 pm
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Hohman Enterprises says that any alleged statements made about a former shift supervisor at the Collinsville KFC restaurant were true and privileged in response to his defamation suit.

Tyrus Shannon filed his complaint on Oct. 11 against Kayla Brown, Mildred Hasty and Hohman Enterprises Inc.

According to his complaint, Shannon claims he was terminated from his employment at the Collinsville KFC on Sept. 29 for allegedly stealing $90. He alleges Brown and Hasty maliciously accused him of the theft.

Shannon claims he suffered irreparable damage, economic losses, mental anguish, humiliation and impairment to his reputation.

Shannon claims Hasty and Brown made false statements, causing Hohman to allegedly wrongfully terminate his employment.

Hohman answered the complaint on Dec. 1 through attorney Christopher Sanders of Lowenbaum Law in St. Louis. The defendant denies liability in the suit.

In its affirmative defenses, Hohman argues that Shannon’s claim of defamation fails to state a claim because he cannot establish that the defendant made a false statement or an unprivileged publication to a third-party.

Hohman also alleges Shannon suffered no damages resulting from any alleged statement.

Hohman further argues that any alleged statements made by the defendant were true and privileged.

“Defendant cannot be held vicariously liable for any alleged damages of its employees in that any such alleged statements were made in excess of authority outside the scope of the employment of such employees,” the answer states.

Shannon seeks a judgment of more than $50,000, plus more than $50,000 in punitive damages and court costs.

He is representd by John Leskera of Leskera Law Firm in Collinsville.

St. Clair County Circuit Court case number 16-L-538
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Carlinville doctor denies liability in suit alleging he failed to inform others of possible injuries

January 17, 2017, 4:01 pm
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A physician denies liability in a patient’s suit alleging he was paralyzed when his doctor failed to inform others of his potential injuries.

Gerald Rolfe filed his original medical malpractice suit on May 23 against Nicholas Hilpipre.

Rolfe filed an amended complaint on Nov. 15, adding Dr. Stephen Coulson, Emergency Consultants Inc. and Carlinville Area Hospital as defendants.

The plaintiff alleges he sustained permanent physical injuries to his body in November 2014, including paralysis, after Hilpipre allegedly failed to inform others of the plaintiff’s potential injuries.

Hilpipre answered the amended complaint on Dec. 12 through attorneys Peter Naylor and William Davis of Brown Hay & Stephens LLP in Springfield, Ill. He denied the allegations against him.

Coulson and Emergency Consultants Inc. filed a motion for a substitution of judge on Jan. 6 through attorney Terese Drew of Hinshaw & Culbertson LLP in St. Louis. The case was assigned to Circuit Judge Robert LeChien.

Rolfe seeks a judgment of more than $75,000.

He is represented by Thomas Keefe III of Keefe, Keefe & Unsell in Belleville.

St. Clair County Circuit Court case number 16-L-275
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Woman’s suit alleging she fell while cutting grass voluntarily dismissed

January 17, 2017, 4:13 pm
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St. Clair County Circuit Judge Andrew Gleeson granted voluntary dismissal in a woman’s suit alleging she fell on a city retaining wall while cutting her grass.

The case was voluntarily dismissed by plaintiff Jody Jordan on Dec. 21. That same day, Jordan filed a memorandum in law in opposition to the City of Belleville’s motion to dismiss the complaint.

Jordan filed a memorandum of law in opposition to the motion to dismiss through attorney Andrew Toennies of Lashly & Baer in St. Louis.

Jordan argued that the case is not time barred because she did not discover the area was Belleville until she was injured on Sept. 6, 2015.

She also argued that she properly pled all claims and can establish facts entitling her to relief.

“A court dismissing a cause of action for pleading deficiencies is a drastic measure and should only be done when plaintiff can prove no set of facts establishing his or her claims,” the memorandum states.

The City of Belleville sought dismissal on Aug. 8 through attorney Thomas Hunter of Becker Hoerner Thompson & Ysursa in Belleville.

The defendant argued that Jordan’s complaint “alleges that the Defendant ‘improperly built the retaining wall’ but does not factually describe the dangerous condition other than to say there was a retaining wall.”

“In particular, the Complaint does not allege any aspect of the retaining wall other than it existed, such as whether the retaining wall was mal-designed or defectively constructed. Moreover, the Complaint does not sufficiently allege the location of the incident including the address of the property and, specifically, whether the alleged fall occurred while on the property of the City of Belleville,” the motion states.

The defendant also argued that the complaint was time-barred, because the suit was filed more than four years after the expiration of the temporary construction easement.

Jordan filed her lawsuit on June 17 against the City of Belleville. She alleged she was cutting her grass at 17th and South Belt East in Belleville on Sept. 6, 2015, when she fell on a “dangerous” retaining wall built by the city.

She argued that the defendant failed to warn her of the danger by posting a notice or safety cone and improperly built the retaining walls, creating a dangerous condition.

Jordan sought a judgment of more than $50,000, plus costs.

St. Clair County Circuit Court case number 16-L-320
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Catholic Diocese of Belleville says priest’s alleged sexual relationship is religious matter, not legal issue

January 17, 2017, 4:30 pm
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The Catholic Diocese of Belleville seeks to dismiss a woman’s suit alleging a priest engaged in a sexual relationship with her, arguing that the issue is a matter of religious doctrine and should be addressed by the Catholic Church rather than the court.

Laura Merleau-McGrady, 51, field her suit on Oct. 11 against the Catholic Diocese of Belleville.

McGrady is currently residing in China.

In her complaint, McGrady alleges she met Rev. Osang Idagbo, 42, during a parish event. She claims she disclosed private information about herself to him, but he allegedly failed to identify himself as a priest.

McGrady alleges Idagbo asked for a private meeting with her. When she learned that he was a priest, she claims he reassured her that he would still be able to continue their relationship without compromising his role.

McGrady claims she continued to share “secret” and “sensitive” information with Idagbo, but he used the information to manipulate her into a sexual relationship, sexually exploiting her.

The Catholic Diocese of Belleville filed a motion to dismiss the first amended complaint on Dec. 9 through attorneys David Wells, Catherine Schroeder and David Mangian of St. Louis.

The defendant argues that McGrady has accused Idagbo as a “sexual predator” without factual support. Further, she is only suing the Diocese and not the purported “sexual predator” who allegedly wronged her.

“Simply put, Plaintiff seeks to hold the Diocese liable for an allegedly failed romantic relationship between two consenting adults,” the motion states.

The Diocese also argues that the negligent supervision claim requires the plaintiff to allege wrongdoing by Idagbo prohibited by applicable civil law, which would only exist if McGrady did not consent to the alleged relationship.

“To the contrary, her Complaint makes clear that Plaintiff, a competent adult woman, voluntarily elected to enter into and continue an alleged sexual relationship with Rev. Idagbo for almost two years,” the motion states.

The Diocese explains that Idagbo’s alleged failure to adhere to his religious vow of celibacy “is purely a matter of religious doctrine, which can only be addressed by the Catholic Church.”

“The First Amendment to the U.S. Constitution, and Illinois law, appropriately forbid the civil courts from interpreting, determining or adjudicating any such matters of religious doctrine,” the motion continues.

McGrady seeks an unspecified amount in damages.

She is represented by Jessica Arbour.

St. Clair County Circuit Court case number 16-L-537
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Hipskind & McAninch founders named 2017 ‘Super Lawyers Rising Stars’

January 17, 2017, 4:46 pm
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John Hipskind and Brady McAninch of Hipskind & McAninch LLC in Belleville were both named Illinois Super Lawyers Rising Stars by Thompson Reuters.

“I feel beyond lucky to be able to wake up and do what I do every day,” Hipskind stated in a press release. “Working with and for our clients is a dream come true. Then to be recognized for that? Truly an honor.”

“It is humbling to receive such a prestigious award,” McAninch stated. “John and I will continue to strive to work for our clients and maintain the level of service we have shown since we began our practice.”

Attorneys are selected as Super Lawyers based on peer nominations, evaluations and third-party research. Each candidate is evaluated on more than 10 indicators of peer recognition and professional achievement, including verdicts, settlements, scholarly lectures, honors, awards and community service.

No more than 2.5 percent of attorneys in the state are given the honor of being named a Super Lawyer.
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If it could, Illinois should declare bankruptcy

January 18, 2017, 5:01 am
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Democrats and Never-Trumpers have had a lot of fun scoffing at Donald Trump's self-proclaimed business acumen by pointing to his multiple bankruptcies. Trump's response, for what it's worth, is that he simply took advantage of the laws as written, just as other businessmen have done and will continue to do as long as the option remains available.
In ages past, our new president might have gone to debtor's prison. Fortunately for him and for anyone else struggling to make ends meet, those days are gone and bankruptcy proceedings offer a less onerous way to get out from under an insupportable burden.
The rules are the rules, you didn't make them, but you do have to play by them, and sometimes they can work to your advantage. Fair enough.
It's too bad that option is not available to the State of Illinois, because we could surely use it. We wouldn't be in the fix we're in if our elected representatives had not acted imprudently for decades, not to mention unethically and in some cases, criminally. But here we are, and the only solutions left are drastic ones.
Bankruptcy, if it were an option, might be our best choice. If Mark Glennon, founder of WirePoints Illinois News, has his way, it will be.
Our state is suffering from “fiscal malfeasance run amuck,” says Glennon. “We have to do something dramatic to break the death spiral.”
Glennon wants Congress to amend the U.S. Bankruptcy Code to allow for bankruptcies at the state and local level.
“It is becoming increasingly clear that some kind of bankruptcy procedure is going to be necessary for the state, and that means that the primary focus should be on fixing the bankruptcy code at the federal level to make it as workable a solution as possible for towns, cities and the state,” he argues.
Bankruptcy, Glennon says, should be accompanied by significant government pay cuts, layoffs, hiring freezes, pension reform, etc.
Anyone got any better ideas?
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Illinois Supreme Court certifies new problem-solving courts

January 18, 2017, 6:05 am
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New problem-solving courts in  Kendall, Peoria and Tazewell counties have received certification by the Illinois Supreme Court.

These specialized courts are among more than 100 currently in operation throughout the state, including ones in Madison County.

Kendall County’s Drug Court has been certified by the Supreme Court, while Peoria County received certification for its DUI Court and Tazewell County for its Mental Health Court.

By certifying the problem-solving courts throughout the state, standards are created by the Administrative Office of Illinois Courts and the Special Supreme Court Advisory Committee for Justice and Mental Health Planning. Illinois’ problem-solving courts provide an alternative to jail time for offenders with mental-health or substance-abuse issues.

Madison County also has problem-solving courts with a veterans, drug and mental health court.

And, in June, Madison County launched a Domestic Violence Accountability Court. 

 “Overall it’s a great success,” Dave Hylla, chief judge for the Third Judicial Circuit of Madison County, told the Record.

These courts benefit both the individual that goes through the program as well as the community once the offender has completed the process.

“It saves a person from a path of self-destruction and adds a contributing member to our community,” said Hylla.

These courts are cost-effective for the state, which otherwise would have to incarcerate offenders. The problem-solving courts provide a way for offenders to get clean in some instances and deal with the issues that have gotten them in trouble with the law in the first place.

“It’s astronomical the cost to incarcerate a person for a year versus the cost of putting a person into a drug court program, which sometimes takes them a year to get through,” said Hylla. “It costs them about $2,500.”

While the programs of the problem-solving courts are designed to help offenders, they are by no means an easy solution for defendants to avoid jail time. The programs these courts offer are developed to be tough and often have participants opting out because they can’t make it through the requirements.

“Not everyone that goes into drug court graduates,” said Hylla. “It’s not an easy program. Some of the people that go to drug court decide they would rather go to jail than finish their program and they voluntarily drop out.”

The majority of individuals who finish the programs of the problem-solving courts are grateful for the experience and appreciate those who have helped them along the way. By using a therapeutic approach that teams professionals in the justice system along with treatment providers, an individual gets a program with support and guidance.

“For them, it saves their lives,” said Hylla.

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Nine St. Clair County civil jury trials went to verdict in 2016; More than $91,545 awarded to five plaintiffs

January 18, 2017, 7:42 am
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St. Clair County juries awarded more than $91,545 to plaintiffs in nine civil cases that went to verdict in 2016, with only one case tried in a circuit judge’s courtroom.

Circuit Judge Vincent Lopinot was the only circuit judge to preside over a case. The case in his courtroom was a medical malpractice suit that resulted in a defense verdict.

Associate Judge Heinz Rudolf presided over the most cases, with six lawsuits going to verdict in his courtroom.

Associate Judge Randall Kelley presided over two cases.

Of the nine verdicts, four involved civil cases in the law division, where the plaintiff sought more than $50,000 for damages. The remaining cases were in the arbitration division.

One of the cases reached a plaintiff verdict for $30,883, but later settled for an undisclosed amount after the plaintiff sought more money.

On Jan. 27, 2015, a St. Clair County jury returned a verdict in favor of defendant Dahm & Schell, doing business as The Edge, after deliberating approximately 20 minutes (07-L-9).

The three-day trial was held in Kelley’s courtroom.

Plaintiff April Kassebaum was attending a birthday party at The Edge in Belleville on March 18, 2006. She had been drinking beer and was wearing heeled shoes when she got on a motorized rotating rock climbing wall around midnight.

Kassebaum jumped off the wall from about three feet onto a four-inch mat when she broke her kneecap. She accused The Edge and owners Keith Schell and Mary Dahm of negligence.

The plaintiff was represented by Patrick Foley of Foley & Kelly in Belleville.

The defendants were represented by John Cunningham of Brown & James in Belleville.

On Feb. 23, a St. Clair County jury entered a verdict for plaintiff Angela Taylor, awarding her $30,000 in the car accident suit (13-L-217).

The two-day trial was held in Kelley’s courtroom.

Taylor alleged that she was injured in a collision with defendant Ruthie McDonald on Sept. 6, 2011. McDonald admitted that her negligence caused the collision, but denied that Taylor suffered injuries and damages to the extent alleged.

McDonald filed a motion for a directed verdict at the close of the evidence, arguing that Taylor failed to prove her allegations. She argues that evidence shows her alleged negligence did not cause injuries or damage to Taylor.

The plaintiff was represented by Steve Katzman and Daniel Katzman of Katzman & Sugden LLC in Belleville.

The defendant was represented by Brent Salsbury of Boggs Evellino Lach & Boggs in St. Louis.

On March 11, a St. Clair County jury entered a verdict in favor of defendant Robert Bonner in a suit alleging breach of contract (13-AR-1153).

The three-day trial was held in Rudolf’s courtroom.

Plaintiff Little Egypt Golf Cars argued in its complaint that it leased golf cars to Bonner, who signed on behalf of Grand Maris Golf Course. However, Little Egypt alleges Bonner failed to return 14 golf cars and one utility golf car at the end of the lease term in April 2011. Bonner allegedly returned a utility vehicle in damaged condition.

Little Egypt filed a motion for judgment notwithstanding the verdict on April 8, arguing that the jury’s verdict is against the manifest weight of the evidence. The plaintiff requests the court enter a judgment for $31,500 for the missing golf cars and $2,787 for the unpaid rent and damage to the utility vehicle.

Bonner denied the allegations and denied Little Egypt was damaged to the extent claimed. He also alleged that he was personally shielded from liability by virtue of his limited liability company Bonrco, which was added as a defendant the day the trial began.

The plaintiff was represented by Troy Payne of Oldfield Myers Apke & Payne Law Group in Vandalia.

The defendant was represented by Kyle Oehmke and James Brodzik of Hinshaw & Culbertson in Edwardsville. Hinshaw & Culbertson was granted leave to withdraw as counsel on Aug. 25 after Bonner terminated his attorney-client relationship. Untress Quinn of Sandberg Phoenix & von Gontard in O’Fallon entered his appearance as defense attorney.

On April 19, a St. Clair County jury entered a verdict in favor of plaintiff Bruce Adams, awarding him $3,074.66 in a car accident suit (14-AR-645).

The three-day trial was held in Rudolf’s courtroom.

Adams alleged he was driving his vehicle on Frank Scott Parkway on June 6, 2012, when defendant Zachary Montgomery allegedly rear-ended the plaintiff.

Adams filed a motion for a new trial on damages or additur on May 18. He argues that the jury “ignored a proven element of damages, and the damages awarded are palpably inadequate. The jury ignored a proven element of damages when it only awarded partial medical expenses which were incurred as a result of Plaintiff’s neck and back and spine injuries, but failed to award any damages for pain and suffering.”

The plaintiff was represented by Blake Meinders of Sprague and Urban in Belleville.

The defendant was represented by Chery Callis and Demetra Sotiriou of Kortenhof McGlynn & Burns LLC in St. Louis.

On May 25, a St. Clair County jury ruled in favor of plaintiff Sharon Reed, awarding her $14,000 in a car accident suit (15-AR-311).

The one-day trial was held in Rudolf’s courtroom.

Reed alleged she was driving her vehicle on Oct. 27, 2014, when she was rear-ended by defendant Kayli VanHoutin, who admited liability for the accident.

The plaintiff was represented by Keith Short of Collinsville.

The defendant was represented by Gary Wiseman of Rouse & Cary in St. Louis

On July 12, a St. Clair County jury entered a verdict in favor of plaintiff Shirley Cooper, awarding her $30,883.08 in a car accident suit (15-AR-484).

The two-day trial was held in Rudolf’s courtroom.

Cooper alleged she was driving her vehicle on 10th Street on Nov. 7, 2013, when defendant Daniel Gessford allegedly ran a red light and collided with her vehicle. The defendant denied liability and argued that the collision was a result of Cooper’s negligence.

Cooer filed a motion for additur, arguing both parties agreed that her medical bills amounted to $27,958, but she was awarded $26, 656 in medical expenses.

“[T]he jury’s failure to award that undisputed amount is clear error, and the only appropriate correction is additur,” the motion states. The case was later settled for an undisclosed amount and dismissed on Oct. 27.

The plaintiff was represented by Andrew Toennies of Lashly & Baer in St. Louis.

The defendant was represented by Paul Travous of Zimmer & Associates in St. Louis.

On Aug. 4, a St. Clair County jury returned a verdict in favor of defendants California Casualty Insurance and Exchange and California Casualty Management Company in a case alleging insurance fraud (11-L-597).

The four-day trial was held in Rudolf’s courtroom.

Plaintiffs Jarvia and Nickey Bryant alleged their two-story home caught fire after Christmas in 2009 as a result of a faulty space heater in the basement. They allege the insurance company failed to pay them in full for the damages. The defendants argued that the plaintiffs filed fraudulent reimbursement requests, including claims for tanning salon use and Rams tickets.

The plaintiffs were represented by Kenneth Brennan of KenBrennan Law in Collinsville

The defendants were represented by John Cunningham of Belleville.

On Aug. 4, a St. Clair County jury entered a verdict in favor of defendant Dr. Donald Serot in a medical malpractice suit (06-L-708).

The trial was held in Lopinot’s courtroom.

Plaintiff Robert Thompson alleged Serot treated him for knee problems between 2002 and 2005, and eventually performed a left knee replacement surgery on April 5, 2005. Thompson claims Serot improperly positioned the tibial component and improperly performed the tibial cut during his knee replacement.

Thompson filed a motion for a new trial on Sept. 2. He argues that he was prejudiced when he was denied his offered jury instruction regarding an advance inference for Serot’s failure to produce a complete surgical record that documented the unsuccessful knee replacement surgery. He also argues that the court granted his motion in limine restricting comment, argument or mention of the medical condition of Serot or his spouse, which was allegedly violated when Serot’s counsel made specific mention of the defendant’s wife’s cancer diagnosis during opening statements. Finally, he argues that the evidence of Serot’s alleged negligence was substantial, making the jury’s verdict against the manifest weight of the evidence.

Lopinot denied the motion for a new trial on Nov. 1. Thompson appealed on Dec. 1.

The plaintiffs were represented by John Papa of Callis, Papa & Szewezyk in Granite City.

The defendant was represented by Ted Dennis of Freeark, Harvey & Mendillo in Belleville.

On Dec. 14, a St. Clair County jury ruled in favor of plaintiff Shalawn Chambers, awarding her $13,588 in a car accident suit (15-AR-448).

The one-day trial was held in Rudolf’s courtroom.

Chambers alleged her son Ernest Chambers was a passenger in her vehicle while traveling on Sherman Street in Belleville on June 4, 2013. She claims Ernest Chambers was injured when defendant Yelana Moton rear-ended her vehicle. Moton admitted she was negligent in the operation of her vehicle but denied Chambes was injured to the extent claimed.

The plaintiff was represented by Chet Kelly of Foley & Kelly in Belleville.

The defendant was represented by Roger Wilson of St. Louis.

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For one day, be an American

January 18, 2017, 8:17 am
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On this Friday - January the 20, 2017 - at approximately 12:01 p.m. EST, in accordance with the 20th Amendment to the Constitution and the certified 2016 election results, Donald J. Trump will take the oath of office as the 45th President of the United States. This simple ceremony is the hallmark of the “peaceful transfer of power.” It was heralded by liberals as the essence of American democracy when candidate Trump dared to be hesitant and cautious in his endorsement of same. Now, it is hypocritically under attack by sour grape Democrats, bewitched by what can only be diagnosed as a case of “Trump Derangement Syndrome.”
It would be so pleasant to see instead the veils of partisan rancor drop, if just for one day. It would be so encouraging to see that for just one day, the delusional blame game with the Russians be temporarily set aside. It would be so beneficial to our Nation, that for just one day, these crybabies would no longer be Democrats, no longer be Liberals, but Americans instead. It is a hope most fervently held, but dashed by the crazed conduct of those who claim so loudly to be on the side of Peace, Tolerance and Love.
The Inauguration will be solemnly begun by a diverse group of faith leaders offering readings and prayers, as per long standing tradition. These men – and women – of the clergy are from all aspects of the multicultural religious life of America, brought together not to honor the President Elect, but to give witness to and verify the role Divine Providence has had and continues to have in our National conscience. Some of the assembled ministry approved of the Electoral outcome, others did not. But in stark contrast to the pettiness of professional politicians, they place country over all else, rising up to invoke the blessings of the Almighty on the new President. Expressing the desire to see our new Leader succeed, knowing that his success will be the Country’s bounty, is the essence of true patriotism. Too bad it is lost on the short sighted and feeble minded.
The Inauguration of a new President is a cause for celebration, praise and for hope. Despite the rantings of the unhinged, Donald Trump IS the President of ALL Americans. We do not get to pick and choose, to acknowledge only the ones we like only the ones we agree with, only the ones we decide are “legitimate.” If that were the case, Obama would have a host of defectors. No, elections have consequences. The order has been changed. Adapt and go forth. Live in reality.
Congressman John Lewis, who as a result of his bravery 50 years ago, was given a public forum. Instead of leading he chose to abuse the privilege with his wild rants about the election. His prior acts of courage grants no immunity from such foolish statements. He does not look inspiring or heroic, just tired and partisan, an old line Democrat refusing to accept reality. Lewis will boycott the ceremony for the second time in 16 years, his falsehoods exposed and failing memory now refreshed. Sad, childish behavior from one whom we expect so much better. Equally shameful that more than 50 congressional Democrats – about one in five- will follow suit. By doing so, these Democrats insult not just our President Elect Trump, but us all.
Intimidation of performers at the Inauguration through threats of economic retaliation. Online ads seeking protesters, paid $2,500 a day. Promises of permanent resistance to a President Trump who has not served one hour. Such is truly unprecedented in our history, but nevertheless the realities of 2017. It is not the best or even typical of Americans as a whole. The election trauma suffered by the Left is no excuse for the renegade tactics on display. It is time to buck it up. Be an American… give the man a chance. Abraham Lincoln – the first Republican President- speaking when the country was REALLY divided, coming off the end of the Civil War, called in his Second Inaugural Address for “Malice toward none, charity toward all.” Old Abe had a great idea back then, difficult though it might have been. It is still hard, but still worth the effort. In the final analysis, we truly are all Americans, and “the Loyal Opposition” cannot just oppose, but must also be loyal. It is worth the effort to seek the heavens, not wallow in the gutter. It is our challenge. It is our duty. Be not afraid.
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UPS delivery driver’s dog attack suit at trial in Mudge’s court; Defense questions when plaintiff returned to work

January 10, 2017, 10:06 pm
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A suit alleging a UPS delivery driver injured his back after being attacked by a dog in 2012 is at trial in Madison County Circuit Judge William Mudge’s courtroom.

The trial began Monday.

Plaintiff Steven Campbell is represented by Charles Armbruster and Roy Dripps of Armbruster Dripps Winterscheidt & Blotevogel in Maryville. Armbruster questioned witnesses on Tuesday.

Defendant Kevin Autenrieb is represented by Jason Kleindorfer and Michael Murphy of Freeark Harvey and Mendillo in Belleville. Murphy cross-examined the witnesses.

Campbell filed suit in November 2013 against Autenrieb. He claims he injured his back when he attempted to prevent getting bit by a dog while delivering a package at the defendant’s home, located at 3781 Raymond Road in Edwardsville.

Campbell testified on Tuesday that he has been working with UPS since 1988 and has been a delivery driver for almost 23 years.

He said he delivered packages at the Autenriebs' home on a weekly basis and knew to place the packages in the garage.

He claims that in July 2012, he was delivering a package at the residence and did not see or hear a dog outside the house that day.

He testified he had been trained to honk his horn and have the homeowner come get the package if an aggressive dog is present, but he got out of his truck to leave the package in the garage that day.

“If in doubt, don’t get out,” he said.

However, Campbell said that when he went to set the package down, he heard some shuffling and turned toward it.

He said he saw a dog “bolting” right at him with its mouth open. He said Mary Autenrieb, Kevin Autenriebs wife, heard the commotion and came outside and yelled at the dog.

Mary Autenrieb apologized and told him the dog is aggressive and is currently in training, he testified.

Campbell said he made it a little ways down the road before his back locked up. He called for assistance and was taken to Midwest Occupational Medicine.

“Physically, I was in, without a doubt, without question, the most pain I’d ever experienced,” he said.

He was offered a shot and was prescribed medicine.

During his follow-up appointment, he said he was certainly feeling better, but said he was still in pain. He said his prior testimony that he was “pain-free” has to be “inaccurate.”

Shortly after the incident, he returned to work and was provided with a helper to assist with unloading packages.

When asked why he returned to work, he said he “soldiered up,” and did what he was told.

“I work as instructed,” he said. “I do what I’m told to do. I soldiered up and gave it my best shot.”

However, he was working a couple weeks before he injured his back again while trying to deliver a deer stand.

During cross-examinations, Murphy pointed out that Campbell previously testified that he had not returned to work since the incident. Murphy said his statement of not returning to work was untruthful.

Campbell, however, said it was an inaccuracy with timelines and he was often confused from his pain medications.

Campbell eventually saw Dr. David Kennedy, a neurosurgeon practicing with Missouri Baptist Medical Center. Kennedy testified in a video deposition that Campbell never fully recovered from the dog attack, so the deer stand incident worsened or aggravated his previous injury.

Kennedy, who obtained his medical degree in 1979 from St. Louis University, said Campbell had lumbar strain to the muscles in his back. He said Campbell also had some bulging in some discs and an annular fissure.

Kennedy recommended injections and physical therapy, which generally helps a patient to heal in two or three months.

Campbell said he has followed all directions and attended all approved therapy sessions, but still continues to feel pain.

During testimony on Tuesday, Mary Autenrieb, testified that she was at home and was responsible for the dog, named Callie, at the time of the incident.

She said Callie is a 26-pound border collie-terrier mix and was rescued by the family in May 2011.

She agreed that Callie has a lot of energy and was in obedience training at the time of the incident.

Mary Autenrieb compared Callie to a circus dog, saying she jumps around and loves to play. She said Callie’s nature could sound aggressive to some who don’t know her.

Callie had a shock collar with a remote, but was not trained with their electric fence.

Mary Autenrieb testified that on the day of the alleged attack, she came out the door and saw Callie outside the garage door. She also saw Campbell standing in an arched position with a hand on his back as though he had been hurt. Callie was still barking.

She said she asked Campbell if he was ok, and he responded, “I thought she was going to get me this time.”

She said she could see that he had twisted his back. She offered him water and ibuprofen, but he declined.

She said she then left her house to run errands and saw Campbell’s truck on the side of the road.

During cross-examinations, she said Kevin Autenrieb was not home at the time of the incident.

Murphy chose to withhold his remaining questions for his portion of witness testimony.

Kevin Autenrieb testified that he would not classify Callie as aggressive but said she likes to bark.

He added that he’s never seen her bite at any tires.

He said Callie is his daughter’s dog and would have arrived at the house around 9 a.m., after he had already left for the day. His daughter was training her dog in obedience class to address the excessive barking, which he called a nuisance.

He also explained that the family does have an invisible fence for their dog, Mason, to prevent him from running to a nearby park to play.

Armbruster also called to the stand several UPS and FedEx delivery drivers who had experience delivering packages to the Autenrieb’s residence.

Each driver testified that they had witnessed Callie’s alleged aggressive nature.

A driver testified that Callie was territorial and came out barking, growling and biting the tires. He said he honked his horn and Mary Autenrieb came out to get the package from him. His experience occurred after Campbell's alleged attack.

Another driver said Callie chased him back into his FedEx truck. He said Kevin Autenrieb came outside to retrieve the package.

A third driver said he was helping Campbell deliver packages and was instructed by Campbell not to get out of the truck when Callie came running toward the vehicle.

He said Callie was “circling the van, biting the tires, barking like a little banshee. Kind of going a little nutso.”

Madison County Circuit Court case number 13-L-1904

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