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Apology laws do not reduce medical malpractice suits, study finds

February 10, 2017, 6:18 am
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Apology laws that allow physicians to express sympathy to patients and families without it being used against them have not reduced the number of medical malpractice suits filed, or the amounts paid out, according to a new study.

Indeed, the “I’m sorry” laws enacted in 32 states increased the number of suits against non-surgeons, the study by a team from Vanderbilt University concluded.

And so, the study suggests, an apology law pilot program introduced in Illinois in 2005 but allowed to peter out – may have had no, or little, impact on medical malpractice suits in the state.

But that should not matter because the law allows people to be decent human beings, said Travis Akin, executive director of Illinois Lawsuit Abuse Watch.

“All this law does, the concept, would allow people to be decent human beings and that should not be an admission of guilt,” Akin told the Record.

Apology laws prohibit a plaintiff introducing as evidence an apology made by a physician if a mistake is alleged. The laws are aimed at reducing lawsuits, based on the reasoning that a decision to file a suit is often made in anger, which can dissipated by acts of compassion.

But the study shows that the laws make no difference for surgeons, and may in some cases encourage a suit as an apology “might transport a signal,” said Benjamin McMichael, a postdoctoral scholar at Vanderbilt and one of the authors of the study.

“By apologizing, the doctor tells the patient he screwed up when the patient previously did not know that,” McMichael said. “They can’t use the apology itself, but knowing something went wrong, they can look for other evidence that they can use.”

This may happen more often in a non-surgical setting where a mistake is much harder to identify.

The authors studied 90 percent of all malpractice claims, 3,517 in total, across the country from 2004 to 2011. They admitted there was no way of knowing how many apologies were made.

“In general, the results are not consistent with the intended effect of apology laws, as these laws do not generally reduce either the total number of claims or the number of claims that result in a lawsuit,” according to the study.

“Apology laws have no statistically significant effect on the probability that surgeons experience either a non-suit claim or a lawsuit.”

In Illinois, the pilot program that began in 2005 appears to have petered out entirely by 2010. As of today, apologies can be used in evidence against a doctor in Illinois.

“Something not moving in Illinois is not a surprise,” Akin said.“What makes anyone think that with a pilot program that we are actually going to follow through? That is part of the culture.”

But, crucially, Akin added, “I think that it really should not matter if it works or not,  because doctors are human beings, and doctors care deeply, and if something goes awry they are going to feel responsible.

“When it comes to doctors and things going badly wrong, there are serious consequences and doctors should be allowed to have that sort of relationship and express sorrow without admitting liability.”
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Appellate court upholds circuit ruling in Founders Insurance Co. case

February 10, 2017, 6:29 am
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The Fifth District Appellate Court has upheld a lower court ruling that granted summary judgment to the defendants in an appeal by Founders Insurance Co.

St. Clair County Associate Judge Christopher Kolker had granted summary judgment to the defendants, Kelly Goretzke and Anthony Ashbrook, ruling that Founders Insurance had actual notice of an underlying lawsuit prior to the entry of final judgment in that lawsuit.

The appellate court also agreed that the circuit court did not err in concluding that the plaintiff did not meet its burden of demonstrating that Goretzke breached the assistance and cooperation provisions of her insurance contract with the plaintiff.

On April 6, 2009, Founders Insurance filed a complaint for declaratory judgement in St. Clair County Circuit Court.

Goretzke and Ashbrook had been involved in a collision in 2006. Ashbrook filed suit against Goretzke on Feb. 25, 2008, served her with a summons on March 21, 2008, and obtained a default judgment against her in the amount of $35,226 on May 26, 2008.

According to the complaint filed by Founders, in 2009 Goretzke transferred to Ashbrook all rights she possessed against the insurance company.

Moreover, the complaint alleged that at no time did Goretzke or Ashbrook notify Founders Insurance of the lawsuit. The insurer claimed it first learned of the lawsuit when Ashbrook attempted to collect from the plaintiff on the default judgment on Jan. 20, 2009.

Attorneys representing Ashbrook then answered the complaint, admitting that a "default" was obtained against Goretzke on May 26, 2008, but denying that the default judgment was final at that time.

Ashbrook alleged that the judgment did not become final until Feb. 17, 2009. This happened after his attorneys notified the insurance company in writing on Jan. 12, 2009, of the default.

Ashbrook alleged that despite having notice, the plaintiff did not defend Goretzke and that Goretzke did not assign her rights to Ashbrook until after the plaintiff received actual notice of the lawsuit and failed to defend Goretzke.

On April 16, 2015, attorneys representing Founders Insurance filed a cross-motion for summary judgment.

An affidavit from Jason Jaramillo, a senior claims analyst employed by Founders Insurance, stated among other things that Goretzke "never notified [the plaintiff] of the pending lawsuit or any of the pending hearing dates at any time."

During a hearing for summary judgment, held on Dec. 31, 2015, Ashbrook’s attorneys alleged that Founders Insurance acted improperly because their client had informed them of the default, but they allowed an order to become final.

For their part, Founders Insurance contended that Goretzke breached both the notice clause of her contract with the plaintiff and the cooperation clause of the contract.

On Jan. 8, 2016, Kolker entered a two-page written order in which he ruled that the plaintiff had been informed of the collision by a lien letter mailed to the plaintiff on Oct. 10, 2006. As a result, he ruled that Founders Insurance “had notice.”

Kolker also ruled that, with regard to the Founders Insurance claim that Goretzke failed to cooperate with them, they had "failed to show that it tried to get the insured’s participation.”

On appeal, Founders Insurance attorneys maintained that the circuit court's ruling granting summary judgment to the defendants was erroneous because the May 6, 2008, order was a final judgment, and the company had no notice of the lawsuit prior to the entry of that order.

Founders also maintained in the appeal that Goretzke breached the notice-of-lawsuit condition of her policy with the plaintiff, and therefore there can be no coverage in this case.

The appellate court concluded that Kolker properly could, and did, require a separate written order in the case underlying this one − and that pursuant to Rule 272, the judgment in that case could become final only when the separate written order was signed and filed by the judge.

The appellate court also considered whether the fact that the order was not submitted by Ashbrook's attorney within 14 days means that the May 6, 2008, judgment nevertheless somehow became the final judgment in that case.

“We note that the plaintiff has provided no argument or authority in support of such a proposition, and we are aware of none,” the court said in its ruling. "We also note that at the Dec. 31, 2015, hearing before Judge Kolker, Ashbrook's attorney argued that she "intentionally waited several months to enter the final order" because she wanted to give the plaintiff the chance to get the default judgment set aside, but that instead the plaintiff told Goretzke that she should retain legal counsel, at her own expense, to have the judgment vacated.”

Moreover, on appeal, Ashbrook's attorney noted that the plaintiff had clear notice that the May 6, 2008, order was not a final order because by its own terms it required a subsequent written order to be prepared and submitted by Ashbrook's attorney, and that pursuant to the plain language of Rule 272, until that happened and the judge signed and filed the subsequent written order, there could be no final order in the case.

Citing Vega v. Gore, the appellate court ruled that Founders Insurance had clear notice of the lawsuit before a final judgement was entered. It also ruled it found nothing in the principal case relied upon by the company.

On the point alleging Goretzke breached the contract, the court found that “an insurer may be liable under an insurance contract even if the insured never tenders a defense of the lawsuit.”

The Fifth District Appellate Court also noted that the Supreme Court of Illinois has held that because there is in Illinois a strong public policy in favor of coverage, the actual notice standard does not unduly burden insurers permitted to operate in this state.

On the final point, the Fifth District Appellate Court noted it had already rejected Founders Insurance’s contention that it did not have notice of the lawsuit until after a final judgment had been entered.

Moreover, aside from the question of notice of the lawsuit, the court agreed with Ashbrook that it is undisputed that the plaintiff was informed of the accident itself by a lien letter mailed to the plaintiff on Oct. 10, 2006.

Ashbrook’s attorneys pointed out that in M.F.A. Mutual Insurance Co. v. Cheek, the Supreme Court of Illinois established the rule that "unless the alleged breach of the cooperation clause substantially prejudices the insurer in defending the primary action, it is not a defense under the contract."

The Fifth District Appellate Court pointed out that the Cheek rule has survived subsequent tweaking of the rules with regard to prejudice in the context of notice of a lawsuit clauses.
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Madison County Veterans Assistance Commission superintendent 'very ecstatic' to be back

February 10, 2017, 6:42 am
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After 21 months of lockout from the Madison County Veterans Assistance Commission office, an attorney for Superintendent Brad Lavite said his client was "very ecstatic" about having his access to the county administration building restored. 

"Frankly, I've been in the office, and that office is running very well with him there now," said Lavite's attorney Tom Burkart. 

Lavite returned to his office Dec. 5 after having been banned from it since March 20, 2015, in response to an incident in which he kicked out police car windows while suffering a post-traumatic stress episode. While he did not have access to the county building, the commission decided that Lavite would be able to continue working as the superintendent, just from other locations.

"One example is the monthly, quarterly, and annual meetings of the executive board of the VAC that usually are held in his office there on the first floor at the county administration building," Burkart said. "They were moved to the American Legion in Glen Carbon. And other than that, he'd be working from various VFWs with other military posts throughout the county to do his job on a daily basis and, frankly, really was spearheading a lot of work with mental health and first responders."

Burkart added that while Lavite worked away from the office, he also developed a program to help others with post-traumatic stress disorder.

"Not necessarily just veterans, but anybody that's suffering a PTSD episode," Burkart said. "And he was very successful at that. In fact, I think he saved somebody's life."

Lavite is still battling the county officials who kept him out, as a federal lawsuit – against former County Board Chairman Alan Dunstan, former county administrator Joseph Parente, Sheriff John Lakin, State's Attorney Thomas Gibbons, and Madison County – with ongoing civil litigation.

"Really, I think what they were doing by keeping him off public property was denying his constitutional rights," Burkart said.

After the incident in a Wood River squad car, Lavite had been told by a doctor at Jefferson Barracks that he could go back to his post as veterans assistance commission superintendent with no restrictions.

"I don't think they have a good reason [to keep Lavite off Madison County property] when the psychiatrist from the VA clears him to go back to work without restrictions, and that's exactly what her letter said," Burkart said. "So from the beginning, this whole thing smelled to me. And it's like we've been fighting ever since."

Burkart said the constitutional violation that he is alleging on Lavite's behalf stopped when new county board chairman Kurt Prenzler allowed Lavite back into office, but the federal lawsuit is ongoing because Lavite is seeking compensation for the time period of the lockout.

Burkart said the conflict put a lot of stress on Lavite.

"I give him great credit for surviving that without another PTSD incident," Burkart said. "Once you've had that [PTSD], you can't guarantee anything, but his ability to not have an incident during this extremely stressful time during the last year and a half is a testament of just how well he is compliant with his treatment so that he doesn't have another incident."
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'Obama Phenomenon' author says he hopes new title will be call to action

February 10, 2017, 6:58 am
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The unveiling later this month of the cover of the latest book by author and political consultant Ray Coleman, "Have God Will Travel," is part of a series he envisioned almost 30 years ago, Coleman said during a recent interview.

"I have always intended on writing four books in a series termed: 'Journey Beyond Boundaries,' inspired by a theme given to me by East St. Louis Class of '79 when I had to deliver a speech with the same title standing in for then newly elected U.S. Sen. Barack Obama," Coleman said during a Record email interview. "'Have God Will Travel' will be the follow-up book to 'The Obama Phenomenon.'"

"The Obama Phenomenon: A Spiritual Perspective", was written by Coleman shortly after Obama's first presidential win. Coleman has known the former president since 2003 and was active in both the former Illinois' senator's and presidential campaigns.

The cover unveiling for "Have God Will Travel," as well as signing opportunities for "The Obama Phenomenon" is scheduled the afternoon of Feb. 25 at Belleville Public Library at 121 East Washington St. in Belleville. Just now, much of the attention is on his latest title, Coleman said.

"I hope the final take-away from the book will be a call to action, a sense of urgency to improve the living environment around us, a yearning to help those who need a hand up, not a hand out," Coleman said.

The message of "Have God Will Travel" is to live a spiritual life 24/7 and always be prepared to follow one's spiritual instincts, Coleman said.

"It doesn’t matter if you must stand alone, because whatever you believe the higher power is, you will never be left alone. I believe there is a divine order in the universe, and we as human beings must understand why each of us was created, we must understand how we are wired, and what is our purpose."

Coleman said he is writing into "Have God Will Travel" his own personal spiritual journey to illustrate the message of living a spiritual life.

"The beginning of the book will update my relationship with President Obama’s legacy," Coleman said. "I will then pivot to my work with the Michael Jordan Flight School as a camp basketball coach, my work with the Katherine Dunham Centers for Arts and Humanities, basketball coach at East St. Louis High School, support for former coach Bob Shannon, my work with Mayor Ann Rodgers, Washington Park, and more."

In addition to Coleman's longtime support of Obama through two successful presidential bids, he also supported the failed presidential bid of Hillary Clinton. However, Coleman doesn't locally stick to a straight Democrat ticket, in a politically independent open-mindedness that sometimes puts him at odds with local politicians and has made him more readily accepted at the White House than he is in East St. Louis.

Founder of two not-for-profit organizations, Legacy Keepers and Leadership Alliance 21, Coleman is a governmental affairs and political consultant for Washington Park, Citizens to Elect Ann Rodgers and Citizens for Emeka Jackson. 

Coleman said he does support the office of president of the United States but he minces no words about President Trump.

"I think he is a narcissist who must be watched very closely," Coleman said. "He must be resisted when he tries to implement divisive policies."

President Trump is still campaigning and is governing as if he has a political mandate, Coleman added.

"Trump’s supporters are a minority in this country and he is still playing to that base," Coleman said. "There are many conflicts of interest that existed on day one of his tenure. His rise is a phenomenon, but his praise and support of Vladimir Putin and Russia is a major concern. I think he is a dangerous guy who will test the resolve of our Constitution."

The Feb. 25 unveiling and book signing is scheduled to begin at 1 p.m. with lectures and entertainment scheduled through the afternoon until about 4 p.m. Admission is a minimum contribution of $20 to Legacy Keepers, which will include of "The Obama Phenomenon." Legacy Keepers is a not-for-profit 501(c)(3) charitable organization, which means all contributions are tax-deductible. Legacy Keepers' stated mission is to raise and distribute funds to individuals and organizations participating in preserving, promoting, and protecting the African-American culture and history.
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United Services Automobile Association accused of contract breach

February 10, 2017, 10:32 am
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BELLEVILLE — Two property owners are suing United Services Automobile Association, an indemnity company, citing alleged breach of insurance contract.

Darrell Polk and LaShianda Polk filed a complaint on Jan. 19 in St. Clair County Circuit Court against the defendants alleging that they violated the Illinois Insurance Code.

According to the complaint, the plaintiffs allege that on Dec. 6, the plaintiffs' rental property was destroyed by fire. Pursuant to the terms of an agreement, they allege, they filed insurance claim for the fire damage, but were unsuccessful in doing so. The plaintiffs holds United Services Automobile Association responsible because the defendant's agents allegedly conspired to deny the plaintiffs' insurance claim for damages and allegedly retaliated for their complaint with the insurance commission by canceling the plaintiffs' insurance coverage and credit cards.

The plaintiffs request a trial by jury and seek judgment against the defendant for damages in the amount of $2 million. They are represented by Dedra Brock-Moore of The Law Offices of Dedra Brock-Moore LLC in Belleville and Sonya Chandler-Anderson of Law Office of Sonya Chandler-Anderson in Houston.

St. Clair County Circuit Court case number 17-L-21

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Worker says property owner is to blame for injuries

February 10, 2017, 10:45 am
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EDWARDSVILLE — A workman is suing property owner Susan M. Silk, alleging that insufficient measures were taken to prevent injuries.

Todd Bechel filed a complaint on Feb. 3 in Madison County Circuit Court against Susan M. Silk, alleging that she breached her duty of reasonable care while the plaintiff was working at her property.

According to the complaint, the plaintiff alleges that on Sept. 3, 2016, he was working at the defendant's property when he fell from a makeshift scaffolding apparatus while he was attempting to pry a board. As a result, the plaintiff alleges, he suffered extensive injuries, loss of earning and become obligated for large sums of money for medical treatment. The plaintiff holds Silk responsible because the defendant allegedly failed to provide a secure scaffolding and failed to properly inspect the scaffolding to avoid injury to anyone working at her property.

The plaintiff requests a trial by jury and seeks judgment against the defendant for a sum in excess of $50,000, for costs of suit and for such other and further relief as the court deems just. He is represented by Rodney D. Caffey and Ralph J. Mendelsohn of The Caffey Law Firm, LLC in Godfrey.

Madison County Circuit Court case number 17-L-168

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Piasa Enterprises and driver blamed for crash injuries

February 10, 2017, 10:48 am
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EDWARDSVILLE — A driver and passenger are suing trucking company Piasa Enterprises Inc. and Piasa employee John E. Strebel, alleging negligence in connection with a collision.

Jerome Hall and Debra L. Hall filed a complaint on Feb. 1 in Madison County Circuit Court against the defendants, alleging violation of the duty to operate a vehicle in a reasonably safe manner.

According to the complaint, the plaintiffs allege that on March. 20. 2015, the plaintiffs were traveling southbound on 6th Street in Wood River when a Piasa Enterprises vehicle being driven by Strebel suddenly collided with the plaintiff's vehicle by attempting go pass it on the left as the plaintiffs were making a left turn. As a result, plaintiffs claim, they suffered physical injuries and mental anguish and incurred medical expenses. The plaintiffs holds the defendants responsible because Strebel allegedly failed to yield the right-of-way, failed to reduce speed to avoid a collision and failed to keep a proper lookout for other vehicles.

The plaintiffs request a trial by jury and seek judgment in an amount in excess of $50,000 plus costs herein expended and for such further relief as this court deems just and proper under the circumstances. They are represented by Alan G. Pirtle of Brown and Crouppen, PC in St. Louis.

Madison County Circuit Court case number 17-L-148

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Mallard Lake Mobile Home Park manager accused of defaming business owner

February 10, 2017, 10:56 am
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EDWARDSVILLE — The owner of a lawn services company is suing RHP Properties Inc., d/b/a Mallard Lake Mobile Home Park, and RHP manager Nicole Crosby, alleging defamation that substantially damaged the plaintiff's business.

Alex Wilson filed a complaint on Feb. 2 in the Madison County Circuit Court against the defendants, alleging that they claimed the plaintiff and his employees were drug addicts.

According to the complaint, the plaintiff alleges that, in Feb. 7, 2016, after the plaintiff had done substantial work for RHP Properties, Crosby stated at a birthday party in front of several persons that the plaintiff and his employees were drug addicts in an attempt to weaken the lawn company and drive down its prices. As a result, the plaintiff claims, he suffered mental stress and his business was damaged. The plaintiff holds the defendants responsible because the defendants allegedly wrongfully accused the plaintiff and his employees of using cocaine and methamphetamine while working.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $50,000 plus costs of suit. He is represented by Ronald A. Roth of Roth Law Offices LLC in Granite City.

Madison County Circuit Court case number 17-L-164

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Residence owners accused of negligence in connection with fall on ice

February 10, 2017, 11:01 am
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EDWARDSVILLE — A husband and wife are suing Edward T. Pinnell Jr. and Marcy B. Pinnell, residence owners, alleging negligence in connection with a slip and fall.

Deborah Devors and Fred W. Devors filed a complaint on Feb. 2 in Madison County Circuit Court against the defendants, alleging that they breached their duty to maintain their premises in a safe condition.

According to the complaint, the plaintiffs allege that on Feb. 6, 2015, Deborah Devors lawfully entered the defendants' residence and as she was exiting, she sustained injuries when she slipped and fell on ice, causing great pain and medical expenses and resulting in loss of consortium for both plaintiffs. The plaintiffs hold the Pinnells responsible because the defendants allegedly failed to take reasonable steps to inspect and repair the garage gutters and failed to warn Deborah Devors of the unsafe and dangerous icy condition.

The plaintiffs request a trial by jury and seek judgment against the defendants in an amount exceeding $50,000, plus costs of this suit. They are represented by J. Robert Edmonds of Edmonds Law Office PC in Edwardsville.

Madison County Circuit Court case number 17-L-159

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Laura Buick GMC accused of retaliatory discharge

February 10, 2017, 11:12 am
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EDWARDSVILLE — A former employee is suing Laura Buick GMC Inc., alleging retaliatory discharge.

Richard W. Kindle filed a complaint on Jan. 30 in Madison County Circuit Court against Laura Buick GMC Inc., alleging that the car dealer violated the Illinois Workers Compensation Act.

According to the complaint, the plaintiff alleges that on April 30, 2016, he was involved in an on-the-job accident and was disabled for period of time, leading him to exercise his legal rights to workers' compensation. As a result, the plaintiff alleges, he was discharged from his employment. The plaintiff holds Laura Buick GMC Inc. responsible because the defendant allegedly discriminated and retaliated against him by terminating his employment for seeking his workers' compensation rights under the law.

The plaintiff requests a trial by jury and seeks judgment against the defendant for a fair and just award in an amount in excess of $50,000 plus costs of this suit. He is represented by Jon E. Rosenstengel of Bonifield and Rosenstengel, PC in Belleville.

Madison County Circuit Court case number 17-L-139

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Vehicle passenger blames motorist for numerous injuries

February 10, 2017, 11:41 am
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EDWARDSVILLE — A vehicle passenger is suing motorist Erin Skyles Woodruff, alleging negligence in connection with injuries stemming from a collision.

Sheila Brawley filed a complaint on Jan. 23 in Madison County Circuit Court against Woodruff, alleging that the defendant failed to operate her vehicle in a safe manner.

According to the complaint, the plaintiff alleges that on Feb. 27, 2015, she was a passenger in a vehicle traveling westbound on 7th Street In Madison when the defendant negligently collided with the vehicle she was in, which caused her to sustain numerous external and internal injuries that have resulted in pain, headaches, nausea, dizziness and medical expenses. The plaintiff holds Woodruff responsible because the defendant allegedly failed to yield the right of way, failed to obey an official traffic control and failed to keep proper lookout for other vehicles.

The plaintiff requests a trial by jury and seeks judgment against the defendant in a sum in excess of $50,000 and her costs of suit. She is represented by William A. Boker, III of The Mattea Law Firm in Collinsville.

Madison County Circuit Court case number 17-L-97

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Wisconsin man accused of negligence in connection with Alton crash

February 10, 2017, 11:56 am
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EDWARDSVILLE — A driver and passenger are suing Kyle S. Fischer, a motorist from Wisconsin, alleging negligence in connection with a collision.

Jordan Clark and Zachariah Yinger filed a complaint on Feb. 23 in Madison County Circuit Court against Fischer, alleging that the Wisconsin motorist failed to operate his vehicle in a safe and prudent manner.

According to the complaint, the plaintiffs allege that on Oct. 30, 2016, they were in a motor vehicle being driven by Clark traveling westbound on Broadway at George Street in Alton and were stopped at a traffic signal when they were rear-ended by the defendant's pickup truck. As a result, they claim, they sustained injuries that required medical attention. The plaintiffs holds Fischer responsible because the defendant allegedly failed to maintain proper lookout, followed the plaintiffs' vehicle too closely and drove his vehicle at a speed greater than normal.

The plaintiffs request a trial by jury and seek judgment in their favor in excess of $50,000 for each of them, plus costs of this suit. They are represented by Lanny Darr of Darr Law Offices Ltd. in Alton.

Madison County Circuit Court case number 17-L-92

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Deceased man's estate faces claim over crash injuries

February 10, 2017, 12:08 pm
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EDWARDSVILLE — A man is suing the estate of Lynn J. Simburger, a motorist, alleging that Simburger was negligent in connection with a vehicle collision.

Paul J. Averbeck filed a complaint on Jan. 23 in Madison County Circuit Court against Simburger's estate, alleging that the motorist failed to maintain proper control of his vehicle.

According to the complaint, the plaintiff alleges that on Aug. 22, 2016, he was safely operating his motor vehicle traveling in a southerly direction on Piasa Street in Alton when the defendant, who was traveling from the opposite direction, violently collided with the front of the plaintiff's automobile, causing the plaintiff to sustain multiple injuries. The plaintiff holds Simburger's estate responsible because Simburger allegedly negligently fell asleep while operating his vehicle, failed to reduce speed to avoid an accident, and failed to maintain proper lookout.

The plaintiff requests a trial by jury and seeks judgment against Simburger's estate for an amount exceeding $50,000, plus costs of this suit. He is represented by Bob L. Perica and Tess M. Perica of The Perica Law Firm PC in Wood River.

Madison County Circuit Court case number 17-L-95

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Driver says fellow motorist failed to yield before crash

February 10, 2017, 12:16 pm
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EDWARDSVILLE — A driver is suing Liliana S. Muller, another motorist, alleging negligence in connection with a collision.

Melissa M. Bench filed a complaint on Jan. 23 in Madison County Circuit Court against Liliana S. Muller, alleging that the other motorist negligently failed to stop or reduce speed to avoid collision.

According to the complaint, the plaintiff alleges that on Feb. 28, 2015, she was operating her vehicle traveling southbound on Illinois State Route 159 near its intersection with North Main Street when the defendant negligently caused a collision with the plaintiff's vehicle, causing the plaintiff to sustain various and permanent injuries that required medical care and treatment. The plaintiff holds Liliana S. Muller responsible because the defendant allegedly failed to yield right of way, operated her vehicle at a speed greater than reasonable and failed to maintain careful lookout.

The plaintiff requests a trial by jury and seeks judgment against the defendant in excess of $50,000, plus her costs for this suit. She is represented by William A. Boker of The Mattea Law Firm in Collinsville.

Madison County Circuit Court case number 17-L-93

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Driver and two passengers sue another motorist

February 10, 2017, 12:24 pm
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EDWARDSVILLE — A driver and two passengers are suing motorist Michael Sutherland, alleging negligence in connection with a traffic collision.

Amber Lauer, Abigail Lauer and Bryson Lwsiewicz, a minor, filed a complaint on Jan. 17, in the Madison County Circuit Court against Michael Sutherland alleging that the other motorist failed to operate his vehicle in a careful manner.

According to the complaint, the plaintiffs allege that, on Oct. 31, 2016, plaintiff Amber Lauer was operating a motor vehicle, and Abigail Lauer and her minor son were passengers, traveling northbound on Illinois Route 157 when the defendant suddenly struck the rear of their vehicle. As a result, the plaintiffs suffered injuries  resulting in pain and suffering, disability and medical expenses. The plaintiffs hold Michael Sutherland responsible because the defendant allegedly failed to keep proper lookout, followed her vehicle too closely, and failed to reduce speed and/or timely stop his vehicle.

The plaintiffs request a trial by jury and seek judgment in their favor for a just and fair amount in excess of $50,000 for each of them, plus costs of the suit. They are 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 17-L-74

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Daiber will seek Democratic nomination for Illinois governor

February 11, 2017, 6:49 am
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Madison County Regional Superintendent Robart A. Daiber will seek the Democratic nomination for Illinois governor next year.
Daiber, 60, of Marine, has served as superintendent since 2007 when he was appointed to the position. He won elections, unopposed, in 2010 and 2014.
He is a lead proponent of a 1 percent sales tax referendum that will go to voters in Madison County on the April 4 ballot. Referendum supporters say revenue collected would pay for school construction costs.
In 2011, a proposed sales tax increase was overwhelmingly rejected by voters in Madison County, but Daiber said in an earlier interview with the Record that things may be different this year.
He said that growth in sales tax revenue since 2011 is a good reason to consider a sales tax increase for 2017.
“There has been an almost $2 million growth in sales tax revenue from 2011 when the initiative was put forth to today,” he said.
He said that school districts in the county would benefit from the added sales tax.
“The 13 districts would utilize the funds to do one of two things: maintain or complete new construction projects at schools or two, pay down existing bond debt of those construction bonds, which would reduce their debt,” he said. “The 1 percent sales tax can also be used to do a reduction in their levy on their health-life-safety fund, which inadvertently would help to reduce property taxes.”
He also said that a good percentage of revenue that would be generated from the increase would not come from Madison County residents.
"It is paid for by individuals passing through that may be buying things at interstate marts."
Daiber earns income from two sources of taxpayers: $110,217 plus a $6,500 state stipend as school superintendent and another $12,100 as Marine Township Supervisor, for a total of $128,817.
Other declared candidates for the Democratic nomination include Ameya Pawar, Chicago alderman, and businessman Chris Kennedy, son of the late Sen. Robert Kennedy.
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Madison County asbestos trial continues in Stobbs’ court

February 12, 2017, 12:39 pm
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A Michigan teacher’s asbestos lawsuit alleging asbestos exposure from grinding brakes is still at trial in Madison County Associate Judge Stephen Stobb’s courtroom.

The trial began Tuesday. The nation’s busiest asbestos docket typically sees an average of one asbestos trial per year. Most asbestos cases settle.

Plaintiffs Stanley Urban Jr. and his wife Janet Urban are represented by Tom Hart of Shrader & Associates.

Jim Lowry of Dallas represents Hennessy Industries Inc., the only remaining defendant.

The Urbans filed their complaint in March 2013.

All of Stanley Urban’s asbestos exposures occurred in Michigan.

Urban alleges he was exposed to asbestos-containing products while working at various auto dealerships in Michigan from the 1960s to 1974 and while working at several schools as an auto technology teacher from 1975 to present.

More specifically, Urban claims he was exposed to asbestos while using Hennessy’s brake grinders.

During opening statements on Wednesday, Lowry explained that Hennessy manufactured the actual tool that grinded the brakes and didn’t manufacture any asbestos-containing products. The plaintiff's asbestos exposure came from the asbestos-containing brakes that Urban would have grinded off the brake shoe.

In January 2013, Urban was diagnosed with mesothelioma both above and below his diaphragm as a result of his asbestos exposure.

During opening statements, Hart said Urban’s cancer is still there, but chemotherapy has helped slow down its progression. The Urbans have been present at the trial.

Hart told jurors that Urban may look healthy now, but said they can’t see what is happening on the inside.

Hart said the Urbans’ have more than $800,000 in medical expenses and expect to lose more than $600,000 in Urban’s income.

But he went further and asked the jury to award the Urbans $8.5 million in compensatory damages during his opening statements.

“We can only ask you for monetary damages,” he said.

Lowry objected and moved for a mistrial. Stobbs denied the motion at this time.

Attorney Bob Rich also presented a portion of Hennessy’s opening statements on Wednesday, tracing the history of Hennessy and Ammco, Hennesy’s predecessor.

Rich presented tests showing the asbestos dust produced by the brake grinders met all OSHA standards and safety measures. He said that as OSHA learned more about the dangers of asbestos, Ammco updated its products and warnings in accordance with the most recent knowledge at that time.

He said Ammco did not know more about asbestos dangers than the leading researchers.

The early brake grinders included a dust bag that was intended to keep the shop clean, but also served as a means to minimize asbestos dust.

However, after OSHA increased its standards for allowable asbestos exposure, Ammco redesigned its grinder to allow for better dust collection and ventilation even though its previous design met the requirements, Rich said.

Rich explained that OSHA standards began by allowing for 30 f/cc (fibers per cubic centimeter) in 1946 to the current .1 f/cc standard.

He added that one of the world’s leading asbestos researchers even told those working with asbestos-containing products to continue their work as late as 1972.

Rich also explained that the brake grinder’s manual instructed users to empty the dust bag often, but he said Urban only emptied it a few times per year, resulting in more dust.

However, during a video deposition on Thursday, Dr. Arthur Frank of Drexel University School of Public Health testified that he believed Urban’s exposure to asbestos while grinding brakes was a substantial contributing factor to his mesothelioma.

Frank testified that people could develop cancer by working with brake grinders, and did develop asbestos-related cancers. He explained that as workers’ asbestos exposures increase, their chances of developing asbestos-related diseases increase.

Frank said more asbestos fibers were blown into the air from light grinding than someone would be exposed to from background exposure in 70 years.

He added that grinding around 800 or so brakes would expose Urban to billions or trillions of airborne asbestos fibers in his lifetime.

Testimony for the case is expected to continue Monday.

Madison County Circuit Court case number 13-L-437

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After litigating divorce settlement for more than a decade, imprisoned Gary Peel loses appeal

February 13, 2017, 3:37 pm
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Former lawyer Gary Peel, who failed in blackmailing former wife Deborah J. Peel, failed in litigating against her from prison for 10 years.  
She prevailed again on Feb. 7, when Fifth District appellate judges ruled that he could not modify a $54,210 health care payment in their divorce agreement.  
The judges affirmed St. Clair County Associate Judge Julie Katz, who found she lacked jurisdiction because a bankruptcy judge approved the agreement.  
Gary Peel, currently in custody at Ashland, Ken., awaits release on Sept. 20.  
He and Deborah J. Peel dissolved their marriage in 2003. He then married Deborah Pontious, an Effingham high school teacher he represented in a suit against the school board.  
Peel filed a bankruptcy petition in 2005, seeking relief from the divorce agreement.
Deborah J. Peel filed an adversary proceeding to preserve the agreement.
Son David Peel, as a creditor of the bankruptcy estate, received a transcript of a trustee examining his father about his past, present and potential assets.  
David Peel provided the transcript to the Record, which reported that he transferred assets to his second wife for a dollar.  
In 2006, Gary Peel sued the Record in Madison County circuit court, alleging intrusion on seclusion.  
He argued that a bankruptcy trustee’s examination is not a public record.  
The suit didn’t go far.  
He placed in Deborah J. Peel’s mailbox photographs he had taken of her younger sister long ago, as a minor child. He told Deborah J. Peel that if she would drop the adversary proceeding, he wouldn’t show the pictures to her parents.
She showed the pictures to postal inspectors, and agents arrested him.  
Grand jurors in U.S. district court indicted him on charges of bankruptcy fraud, obstruction of justice, and possession of child pornography.  
The pictures wound up hurting him more than the fraud he tried to cover.  
After jurors convicted him, senior district judge William Stiehl sentenced him to 10 years for child pornography and two years after that on bankruptcy fraud.  
From prison, he sent a stream of motions and arguments to St. Clair County divorce court, bankruptcy court, district court, and the Seventh Circuit appellate court.  
In 2011, Deborah J. Peel and the bankruptcy trustee reached an agreement providing her with $54,210 for health care and $158,455.63 overall.  
Peel contested the agreement for five years.   
In 2013, he moved to modify the divorce agreement.  
Bankruptcy trustee Robert Bruegge then asked bankruptcy judge Kenneth Meyers to abstain from all claims involving Deborah J. Peel and leave those claims to the appropriate state court.  
Bruegge’s lawyer quoted Dickens that, “This scarecrow of a suit has, in course of time, become so complicated that no man alive knows what it means.”  
Meyers granted abstention, but he held one more hearing to resolve a motion that Gary Peel had filed for sanctions against Deborah J. Peel.  
With Gary Peel on the telephone and Deborah J. Peel in court, Meyers said, “I’m a very patient man but there is a limit to my patience.”  
“First of all, this was never a bankruptcy case,” he said.
“It was never about reorganization and the only fresh start that you ever sought, Mr. Peel, was a fresh start from your first wife.
“One can’t review the record in this court, the criminal record in this district, and the state court proceedings without reaching the conclusion that this is nothing but a bitter divorce.
“I don’t know that I’ve seen any more vitriolic and vicious blood feud as I’ve seen in this case.
“It’s been one objection, one accusation, one challenge after another.
“It’s one of the oldest cases in this district and it has consumed countless hours in this court, in the district court, and on appeal to the Seventh Circuit.
“This case will never end until the debtor has drained this estate through administrative fees, and I assume that is to exhaust money that might be paid to your ex-wife, the first Mrs. Peel.
“This case isn’t about justice. It’s about revenge.
“This court has already accorded you, Mr. Peel, far more freedom to object and participate than I believe this court should have accorded and would accord other litigants.”  
Meyers denied sanctions for lack of standing, finding Gary Peel assigned all distribution from the estate to Deborah Pontious, by then his second ex-wife.  
Gary Peel returned to divorce court, arguing that Katz could exercise jurisdiction over the motion he filed in bankruptcy court to modify the divorce agreement.  
Katz disagreed, and so did the Fifth District.  
Meanwhile, Gary Peel blamed Deborah J. Peel for the length of his sentence.  
He moved to vacate his bankruptcy fraud conviction in district court, claiming it resulted from a fraud she perpetrated on the court. He alleged that she initially filed a false claim that he owed her $2.8 million and that she later reduced it to $144,056.  
He sought an order that would declare his sentence complete and set him free.  
District Judge Staci Yandle denied it last August, finding he failed to state clear facts or present evidence that would raise an issue of fraud.
Yandle wrote that he proffered no facts tending to show that the reduction of the claim was due to fraud upon the court.  
He appealed, but Seventh Circuit judges found that Yandle made no mistake except to consider the motion at all.  
On Dec. 29, they directed her to dismiss it for lack of jurisdiction.  
Three Justices wrote, “As this court recognized, one of Peel’s motivations for attempting to blackmail his wife was to convince her to dismiss her claim in his bankruptcy proceeding.”
“The fact that the amount of the claim was later reduced does nothing to change his motivation,” they wrote.
 
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Estate administrator sues nursing home for wrongful death

February 13, 2017, 8:38 pm
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BELLEVILLE — A woman alleges healthcare providers with Casseyville Nursing & Rehabilitation Center's negligence resulted in a patient's death.

Teri Bonvicino, administrator of the estate of Mary Borkowski, filed a complaint on Jan. 25 in the St. Clair County Circuit Court against Michelle Vandorin DO, Casseyville Nursing & Rehabilitation Center Inc., et al. alleging they failed to provide proper medical care and treatment to the decedent.

According to the complaint, the plaintiff alleges that on Dec. 30, 2014, Borkowski was transferred to Casseyville Nursing in stable physical and mental condition. On Jan. 28, 2015, she allegedly became incoherent, confused and unresponsive and was rushed to Barnes Jewish Hospital, where she was found to be in altered mental state.

Following her admission at Barnes, her medical condition deteriorated. She died on Sept. 30, 2015.

Her family suffered loss of her companionship, society and guidance, the suit states.

The plaintiff alleges the defendants failed to properly monitor the decedent's mental and physical condition.

The plaintiff requests a trial by jury and seeks judgment against each defendant in an amount in excess of $50,000, plus costs expended for this suit.

She is represented by Morgan Scroggins of Scroggins Law Office Ltd. in Granite City.

St. Clair County Circuit Court case number 17-L-28

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Madison County law firm says other offices breached joint venture agreement

February 14, 2017, 4:43 am
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EDWARDSVILLE — A Madison County law firm is suing several other law offices, citing alleged breach of joint venture agreement.

Torhoermann Law LLC filed a complaint on Feb. 1, in the Madison County Circuit Court against Thomas Keel & Laird LLC and Burke Wise Morrissey and Kaveny LLC alleging that they abruptly terminated their joint venture agreement.

According to the complaint, Torhoermann Law alleges that as a result of the defendants' breach of the agreement, it was deprived of its share of profits from their joint venture and has sustained damages of over $50,000. The firm holds Thomas Keel & Laird LLC and Burke Wise Morrissey and Kaveny LLC responsible because the defendants allegedly wrongfully discharged the plaintiff as co-counsel, directed the plaintiff to cease communicating with injured parties and wrongfully withheld information relating to the terms of settlement.

Torhoermann Law requests a trial by jury and seeks judgment against defendants of more than $50,000, plus costs of this suit and all other relief as the court deems just. He is represented by David L. Antognoli of Goldenberg Heller & Antognoli PC in Edwardsville.

Madison County Circuit Court case number 17-c-142

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