EDWARDSVILLE — A motorist is suing another driver for allegedly causing a 2015 rear-end collision in Moro Township. 

Joseph E. Sheppard filed a complaint on May 10 in the Madison County Circuit Court against Austin L. Fuller, alleging he failed to maintain proper control of his vehicle.

According to the complaint, the plaintiff alleges that on Aug. 8, 2015, he was operating his motor vehicle east on Moro Road in Moro Township when the defendant allegedly struck the rear of his vehicle. 

The plaintiff claims he sustained injuries that caused him to suffer medical expenses, pain and disability. 

Sheppard alleges Fuller failed to maintain proper lookout and to reduce speed to avoid collision.

The plaintiff requests a trial by jury and seeks judgment against defendant in excess of the minimum jurisdiction limits of this court and costs of this suit. 

He is represented by Laura A. Cole of Smith, Mendenhall, Selby & Cole in Alton.

Madison County Circuit Court case number 17-L-613

EDWARDSVILLE — An administrator for a deceased relative is suing an Alton health care facility, alleging that its negligence led to wrongful death.

Jerome Bates, as administrator of the estate of Judith Bates, filed a complaint on May 5 in the Madison County Circuit Court against Alton Rehabilitation and Nursing Center LLC alleging that the facility failed in its duty to treat patients in accordance with the standard of care.

According to the complaint, the plaintiffs allege that on June 15, 2015, while a resident at the defendant's facility, Julie Bates' weight had decreased and she complained of stomach pain. She was diagnosed to have developed a urinary tract infection that contributed to her untimely death on June 25, 2015. As a result, decedent's estate was damaged to the extent of medical care, health care and nursing care that she needed. 

The plaintiff holds Alton Rehabilitation and Nursing Center responsible because it allegedly failed to obtain appropriate medical treatment in a timely way for changes in Judith Bates' behavior and medical condition and failed to provide appropriate hygiene and preventative measures to prevent recurrent urinary tract infections.

The plaintiffs request a trial by jury and seek judgment in an amount in excess of $75,000, plus costs of suit and other further relief to which the court deems proper. They are represented by Ross T. Anderson in East St. Louis.

Madison County Circuit Court case number 17-L-597

EDWARDSVILLE — Three cyclists are suing a driver, alleging she fell asleep while driving and crashed into two mailboxes, causing them to crash on the oil spilled from her car.

Kory Kuba, David Archer and Scott Mueller filed a complaint on April 28 in the Madison County Circuit Court against Brianna L. Bowles, alleging she failed to operate her vehicle in a safe manner and to comply with the motor vehicle laws of the State of Illinois.

According to the complaint, the plaintiffs allege that on May 2, 2015, they were cycling on Fruit Road in Alhambra when they all lost control of their bicycles and crashed. They claim the bicycle accident was caused by a "significant" amount of oil from the defendant's vehicle, which was left on the road after she allegedly crashed her vehicle into two mailboxes. 

As a result, the plaintiffs claim they suffered physical injuries that required extensive medical treatment and rehabilitation. 

The plaintiffs allege Bowles failed to report an accident to the police, left the scene of an accident and failed to reduce the speed of the vehicle to avoid an accident. They allege in the suit that Bowles fell asleep while driving just prior to the accident.

The plaintiffs request a trial by jury and seek judgment in an amount in excess of $50,000, plus costs of suit and such other and further relief as the court deems proper. 

They are represented by Michael J. Herz of Lucco, Brown, Threlkeld and Dawson LLP in Edwardsville.

Madison County Circuit Court case number 2017-L-579

EDWARDSVILLE — A home buyer is suing the sellers and an inspection company, citing alleged common law fraud.

Cynthia Scully filed a complaint on May 5 in the Madison County Circuit Court against David Scheldt, Sherry Scheldt, Stephen Norris and Prudent Home Inspection Inc., alleging the defendants violated the Residential Real Estate Disclosure Act.

According to the complaint, the plaintiff alleges that on March 22, 2016, she entered into a real estate contract with the defendants for the purchase of a property in Moro. Scully claims she suffered damages for paying $234,900 for a property that she says is worthless and uninhabitable. 

The plaintiff alleges the defendants did not disclose that the property was infested with mold, the plumbing did not comply with plumbing codes and the structure had moisture damage.

The plaintiff requests a trial by jury and seeks judgment against the defendants for actual damages in excess of $50,000, plus costs of this suit. 

She is represented by Deborah A. Hawkins of Hawkins Law Office PC in Edwardsville.

Madison County Circuit Court case number 17-L-606

The Illinois Supreme Court has adopted a statewide policy statement for pretrial services that includes a risk assessment tool to help courts determine whether low-risk defendants should be detained or released prior to trial.

The statement adopted by the Supreme Court provides for pretrial services in each of Illinois' 24 judicial circuits.

“This policy statement seeks to serve as a guide for all of our trial courts," Illinois Supreme Court Chief Justice Lloyd A. Karmeier said in an announcement. "The goal of pretrial services is to reduce the pretrial incarceration rate while ensuring that defendants comply with approved pretrial release.”

The Illinois pretrial risk assessment tool will allow state courts to decide if low-risk, non-violent defendants should remain in custody or be released on bond while their cases move through the criminal justice system.

While the statement acknowledges that high-risk offenders and those who fail to appear in court should remain in custody, the policy states that “people who are low-risk and non-violent should not remain in jail solely because they cannot afford bail.”

The new risk assessment tool is evidence-based and will help judges make release decisions based upon a defendant’s level of risk.

In a statement, Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, said the new policy “serves as a principled pillar to guide governance and oversight of pretrial services."

A risk assessment tool called the Public Safety Assessment has been tested in Cook, Kane and McLean counties with positive results.

Cook County currently reports that assessments have reduced its jail population from 9,543 in July 2014 to 8,112 in August 2016, while the percentage of defendants who have had assessments has risen from 53 percent in May 2014 to 96 percent in August 2016.

In Kane County, assessments have increased from just eight in 2015 to 3,219 between January and October 2016. McLean County assessments have also risen, with 1,249 assessment done from January to August 2016, up from 312 assessments completed from January to August 2015.

EDWARDSVILLE — A widow is suing several emergency care providers, alleging her late husband fell off a stretcher when the wheel got caught in a crack.

Regina Atnip, individually and as administrator of the estate of James Atnip, filed a complaint on May 8 in the Madison County Circuit Court against Kimberly Feldhake, Joseph Goreman, Mission Care of Illinois LLC, doing business as Abbot EMS, and Mercy Hospital, alleging they breached their duties to exercise reasonable care for the safety of James Atnip.

According to the complaint, the plaintiff alleges that on May 22, 2015, the decedent was being transported by the defendants on a non-emergency call. While going down a hill on the premises of the hospital, a wheel of the stretcher James Atnip was on became caught in a crack. The decedent fell to the ground, resulting in contusion, abrasion and other bodily injuries. 

The plaintiff alleges the defendants failed to maintain the stretcher in a reasonably safe condition and negligently transported decedent, causing him to fall from the stretcher.

The plaintiff requests a trial by jury and seeks judgment in plaintiff's favor in excess of $50,000, costs of suit and all other relief as allowed by law. 

She is represented by Thomas G. Maag of Maag Law Firm LLC in Wood River.

Madison County Circuit Court case number 17-L-607

EDWARDSVILLE — A motorist is suing another driver for allegedly failing to operate his vehicle in such a way to prevent injuries.

Edward Keck, Sr. filed a complaint on May 5 in the Madison County Circuit Court against Tyler Heath, alleging he failed to maintain proper control of the vehicle he was driving.

According to the complaint, the plaintiff alleges that on April 10, 2017, he was operating a motor vehicle southbound on Highway 157 in Glen Carbon when Heath negligently struck the rear of his vehicle. 

The plaintiff claims he suffered injuries all over his body, which caused him to suffer disability, pain and suffering, loss of wages and medical expenses. 

Keck alleges Heath failed to keep a proper lookout for other vehicles and failed to timely apply brakes to stop the vehicle.

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

He is represented by Thomas C. Rich, Christina D. Cooksey and Michelle M. Rich of Rich, Rich & Cooksey PC in Fairview Heights.

Madison County Circuit Court case number 17-L-600

EDWARDSVILLE — A woman is suing an Alton insurance company and its operator after she slipped and fell on the wheelchair access ramp, injuring her back.

Sandra Bennington filed a complaint on May 4 in the Madison County Circuit Court against American Family Insurance and Jeremy Vacca, alleging the defendants failed to keep their premises, located on Washington Avenue, in a reasonably safe condition and to warn the public of any dangerous condition of which they knew or should have known.

According to the complaint, the plaintiff alleges that on Jan. 16, 2017, she was leaving the defendants' building when she slipped while descending the wheelchair access ramp and fell backward. As a result, Bennington claims she suffered a burst fracture to her vertebrae, which required surgery to repair. 

The plaintiff alleges the defendants failed to warn of the dangerously slick condition of the ramp, failed to provide or maintain suitable hand rails and failed to maintain a suitable incline for the ramp's descent.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $50,000, plus costs of suit and any other further relief to which the court deems just. 

She is represented by Lanny Darr of Darr Law Offices Ltd. in Alton.

Madison County Circuit Court case number 2017-L-000594

Residents of the Metro East region are forking over a significant amount in property taxes, according to data from the Tax Foundation. All of the counties in the area rank in the top 50 of Illinois’ 102 counties for median property tax paid, with three counties paying in the top 25 statewide.

While all of these Metro East counties pay substantial property tax bills, Monroe County stands alone with a median property tax cost approximately 25 percent higher than neighboring St. Clair County.

St. Clair County residents can also expect to see their property tax bills increase this year.

The Belleville City Council approved a new $123.1 million city budget April 17 that included a 5.7 percent increase in city property taxes, according to the Belleville News-Democrat. Jamie Maitret, city of Belleville finance director, estimated that a Belleville resident with a home worth $100,000 would pay an estimated $833 in city property taxes, up from $788 the previous year.

Additionally, the St. Clair County Board approved a property tax increase April 24, raising the county’s property tax rate from 0.938 per $100 of equalized assessed value, or EAV, to 1.0865 per $100 of EAV, according to the Belleville News-Democrat.

The high property tax burden is one of the factors driving out-migration from the Metro East. St. Clair and Madison counties saw a combined loss of more than 1,600 people between July 2015 and July 2016. Meanwhile, the counties in Missouri’s greater St. Louis area, just across the Mississippi River from the Metro East, saw a net population increase of 5,747 people over the same time period.

Property taxes for Missouri homeowners were 2.25 times lower than Illinois property taxes in 2016.

The Metro East and the rest of Illinois, which has one of the highest overall property tax burdens in the country, need real property tax relief if it is ever going to stem the tide of out-migration to states with significantly more affordable property tax bills.

EDWARDSVILLE — An administrator for a deceased relative is suing an Alton nursing home for allegedly contributing to the resident's death due to negligent care.

Jerome Bates, as administrator of the estate of Judith Bates, filed a complaint on May 5 in the Madison County Circuit Court against Alton Rehabilitation and Nursing Center LLC, alleging the facility failed to treat patients in accordance with the standard of care.

According to the complaint, the plaintiff alleges that on June 15, 2015, Judith Bates' weight had decreased and she complained of stomach pain while a resident at the defendant's facility. She was diagnosed with a urinary tract infection that allegedly contributed to her untimely death on June 25, 2015. 

As a result, the plaintiff claims the decedent's estate was damaged due to the costs of medical care, health care and nursing care that she needed. 

The plaintiff alleges Alton Rehabilitation and Nursing Center failed to obtain appropriate medical treatment in a timely way for changes in Judith Bates' behavior and medical condition, failed to provide appropriate hygiene and failed to prevent recurrent urinary tract infections.

The plaintiff requests a trial by jury and seek judgment in an amount in excess of $75,000, plus costs of suit and other further relief to which the court deems proper. 

They are represented by Ross T. Anderson in East St. Louis.

Madison County Circuit Court case number 17-L-597

EDWARDSVILLE — A pedestrian is suing a vehicle owner and driver for allegedly backing into her in an Edwardsville apartment parking lot in May 2015. 

Heather A. Poll filed a complaint on May 4 in the Madison County Circuit Court against Taylor C. Berutti and Christopher Berutti, alleging negligence.

According to the complaint, the plaintiff alleges that on May 6, 2015, she was walking in the parking lot of an apartment building at 201 Ashley Place in Edwardsville when Taylor Berutti allegedly collided with the plaintiff while backing out of a parking space. 

Poll claims she suffered physical and mental pain, diminished earning capacity and medical expenses. 

The plaintiff alleges Taylor Berutti failed to keep careful lookout and failed to avoid the plaintiff and Christopher Berutti allowed a careless driver to operate his vehicle.

The plaintiff requests a trial by jury and seeks damages in excess of $50,000 plus costs of this suit. 

She is represented by Edward T. McCarthy of McCarthy & Allen in Edwardsville.

Madison County Circuit Court case number 17-L-601

The surviving spouse of a man allegedly killed following a go-cart crash two years ago at Gateway Motorsports Park has filed a 36-count wrongful death lawsuit in Madison County Circuit Court.

According to the suit filed last week, Thomas Odum was participating in a racing event for clients of Hertz and their employees at the venue in Madison on May 21, 2015, when his go-cart was thrown off track. It went past barriers and through a chain link fence, and ultimately hit a concrete structure, the suit claims.

Flora Odum alleges the track failed to have first responders available to provide rescue services to her husband, and even when an ambulance did arrive it did not have the proper medical equipment and training to help him. She claims that as a result his family members watched him suffer for approximately 25 minutes following the wreck before "proper" emergency services arrived on scene.

She further claims that Odum received extensive and on-going medical care to treat his injuries and later died as a result of the incident and the allegedly improper emergency and medical response.

Her suit alleges that riders were not adequately trained as to safety procedures; the go-cart issued to her husband was not equipped with a seat belt, nor was it safe for operating at high speeds.

"Despite the wreck incident causing serious injuries to decedent, the Gateway Defendants continued the racing that day," the complaint states.

Flora Odum, who also brings suit on behalf of daughter Erin Kuehnel, names Gateway Kartplex, Abbot Ambulance, Hertz Corp., Gateway Acquisitions, American Medical Response of Illinois, Gateway Motorsports, Gateway International Motorsports Corp. and Gateway Motorsports Corp. as co-defendants.

They are represented by J. Brad Wilmoth of Page Law in Kirkwood, Mo.

According to Thomas Odum's obituary, he was 52 at the time of his death.

"He loved fast cars, dirt bikes, motorcycles, go-karts," it states in part.

"If it had a motor, he was going to play with it and eventually ride it. While most know him for being a gear head, his real passion was spending the precious moments with his grandchildren."

To the Editor:

For those of you who do not follow things as mundane as television rating scores, you may be surprised to learn that Fox News Channel (FNC) is losing its lead as the powerhouse in primetime cable TV ratings to MSNBC. There are a couple of reasons why.  

First, control of FNC has been transferred to two brothers, Lachlan and James Murdoch, who do not believe in the political message espoused by Fox for the last 20 years.  (Forbes.com 1-30-17: “21st Century Fox chiefs James and Lachlan Murdoch—CEO and chairman, respectively—are the latest corporate leaders to come out against Donald Trump's executive order banning citizens of seven predominately Muslim nations from coming into the United States for 90 days and halting the Syrian refugee program for 120 days.”) 

Their insouciant attitude toward FNC’s longtime viewers is causing those viewers to turn off the channel, precipitating an extraordinary ratings fall. If that trend continues, advertising revenues will diminish. Perhaps then the board of Fox Entertainment Group, or its owner, 21st Century Fox, will act to restore FNC to its former political thought process thus restoring its cable rating dominance and revenues. (Don’t hold your breath) 

Second, MSNBC, the new cable news leader, has positioned itself as the cable news voice of the opposition to the Trump Administration. The energy of opposition infuses MSNBC with vigor and indulges progressive beliefs. Those who fear President Trump and what he hopes to accomplish are finding MSNBC as their new messaging home.  

MSNBC is doing to the Trump Administration the same thing Fox did to the Obama Administration. It is a megaphone for those who want to stop the President from accomplishing his economic and political agenda.  

Today, progressive agitators are focused on Russia’s involvement in the 2016 election and the claim that Donald Trump is connected to it. The firing of FBI Director James Comey has become the latest in a long line of stories about a Trump connection to Russia. Stories continue to appear in the mainstream press, including MSNBC, despite statements from Senator Dianne Feinstein, Rep. Adam Schiff, Rep. Maxine Waters, former DNI General James Clapper, Former Deputy Attorney General Sally Yates, and many others that there is NO evidence to support the claim.  

Conservatives who, in 2009, did not want a “fundamental transformation of America” rallied around Bill O’Reilly, Sean Hannity, Charles Krauthammer, and the rest of the FNC team as conservatives successfully organized themselves politically in 2010 to overthrow Democrat control of Congress. FNC focused on the successes of the Tea Party as well as the conservative portion of the Republican Party.  

In 2009, conservative agitators focused on President Obama’s place of birth and his personal and political connections to anti-American persons such as Reverend Jeremiah Wright and domestic terrorist Bill Ayers.  

Today’s Progressive message is “We need to remove President Trump. He is bad for the country and bad for the world.”  

They offer no message which resonates with the middle class. What they do offer is to make available more tax money to support healthcare, nearly cost free college, and support services for all undocumented immigrates.  

Both the conservative and progressive agitators use secondary issues (President Obama’s place of birth, his personal and political connections to anti-American persons, free college and free healthcare for all) at election times to generate emotions rather than clear thinking.  It is a rehearsed tactic used to divert the American voter’s focus away from those primary issues which are truly important; jobs, a significant increase in their family’s purchasing power, an optimistic future for their children, and the ability to control their own senior years.  

If Fox News Channel continues on its new course, its ratings and revenues will diminish. If MSNBC’s message does not lead to a significant increase in elected Congressional Democrats following the 2018 elections, their ratings and revenues will diminish.  

That vacuum will provide an opportunity for a new political message and a new cable news messenger. This new entity will speak to those who are not adherents to the message of the crazy left or the crazy right. It will focus on how to achieve the goals listed above; jobs, a significant increase in family purchasing power, an optimistic future for children, and the ability for individuals to control their own senior years. 

Lee Presser

Edwardsville

The surviving spouse of a man allegedly killed following a go-cart crash two years ago at Gateway Motorsports Park has filed a 36-count wrongful death lawsuit in Madison County Circuit Court.

According to the suit filed last week, Thomas Odum was participating in a racing event for clients of Hertz and their employees at the venue in Madison on May 21, 2015, when his go-cart was thrown off track. It went past barriers and through a chain link fence, and ultimately hit a concrete structure, the suit claims.

Flora Odum alleges the track failed to have first responders available to provide rescue services to her husband, and even when an ambulance did arrive it did not have the proper medical equipment and training to help him. She claims that as a result, his family members watched him suffer for approximately 25 minutes following the wreck before "proper" emergency services arrived on scene.

She further claims that Odum received extensive and on-going medical care to treat his injuries and later died as a result of the incident and the allegedly improper emergency and medical response.

A Madison County coroner's inquiry verdict, however, states that Odum died on May 25, 2015, as a result of heart failure, or specifically arteriosclerotic and hypertensive cardiovascular disease.

Flora Odum's suit alleges that riders were not adequately trained as to safety procedures; the go-cart issued to her husband was not equipped with a seat belt, nor was it safe for operating at high speeds.

She claims that despite the wreck incident, "the Gateway Defendants continued the racing that day."

Represented by J. Brad Wilmoth of Page Law in Kirkwood, Mo, Flora Odum also brings suit on behalf of daughter Erin Kuehnel.

Co-defendants include Gateway Kartplex, Abbot Ambulance, Hertz Corp., Gateway Acquisitions, American Medical Response of Illinois, Gateway Motorsports, Gateway International Motorsports Corp. and Gateway Motorsports Corp.

According to Thomas Odum's obituary, he was 52 at the time of his death.

"He loved fast cars, dirt bikes, motorcycles, go-karts," it states in part.

"If it had a motor, he was going to play with it and eventually ride it. While most know him for being a gear head, his real passion was spending the precious moments with his grandchildren."

If everything works out the way he hopes, Republican State Sen. Kyle McCarter of Lebanon may be leaving the state legislature and beginning a dramatic new phase in his life. He's been recommended to President Donald Trump as the ideal candidate to serve as U.S. Ambassador to Kenya.

What does McCarter know about Kenya? Quite a lot. He's done missionary work in that East African nation for the last 30 years and visits twice annually as the international director of the Christian ministry group Each One Feed One, which runs a school and a medical clinic northeast of Nairobi. 

Touting that experience, seven of McCarter's colleagues – U.S. Congressmen Mike Bost, John Shimkus, Rodney Davis, Darin LaHood, Randy Hultgren, Adam Kinzinger, and Peter Roskam – wrote to the President last week, recommending McCarter for the ambassadorship.

“Through his work in Kenya, he has experience negotiating with tribal chiefs and other dignitaries, along with logistical and other administrative experience working with the Kenyan government,” the congressmen wrote.

“Additionally, he has experience working with USAID and other organizations, including Compassion International within Kenya, to provide healthcare for over 3,000 Kenyan children.

“He has outlined specific ideas for reforms of USAID spending,” his colleagues continued, “including curtailing waste, fraud, and abuse within the program. He has also identified ways to support your Administration's 'Buy American' strategy in Kenya and boost the American economy through Kenyan investment and additional support for American companies in the African marketplace.”

McCarter thinks his time in the state legislature is another key asset. 

“I probably would not be prepared for this next position if not for what I have learned in the Illinois Senate,” he said.

We encourage President Trump to heed the recommendation of McCarter's colleagues and name him ambassador to Kenya.

As one of the most stalwartly conservative members of our state senate, McCarter will be missed, but Illinois' loss will be Kenya's gain.

Monday, May 22

1:00 PM

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MOORE DEMETRIUS D #509786 V. VENICE POLICE DEPARTMENT

16-L-001736, MATOESIAN 351

ELBLE GAIL V. SHELL OIL COMPANY AKA SHELL OI

11-L-000867, MUDGE 302

KAYSER ANDREW V. SHELL OIL COMPANY AKA SHELL PR

11-L-000901, MUDGE 302

BROWN JACK V. SHELL OIL COMPANY AKA SHELL OI

11-L-001008, MUDGE 302

LEHNEN TRUDY V. SHELL OIL COMPANY AKA SHELL OI

13-L-000679, MUDGE 302

RUNION STEPHANIE N V. HAUSMAN MILDRED D

15-L-001124, MATOESIAN 351

PFISTER JENNIFER V. BICAHLO PAULO MD

13-L-001805, DUGAN 230

LILLIS JOLENE V. SOUTHERN ILLINOIS IMAGING ASSO

15-L-000330, MATOESIAN 351

GROSS JENNIFER E V. CHILDRESS JARED

16-L-001627, RUTH 311

WAYMORE POWER V. BROADWAY RIVER AND RAIL

07-L-000398, MATOESIAN 351

DAVENPORT STEPHANIE V. WIKOFF CATHERINE L MD

09-L-001022, MATOESIAN 351

WEISS SHIRLEY ANN DAUGHTER V. FAITH CARE LLC

16-L-001108, MATOESIAN 351

KELTNER PEGGY V. SUNCOKE ENERGY INC

14-L-001540, MUDGE 302

WALTON ALBERT H V. PESKAR LEONA H

16-L-000635, MATOESIAN 351

BRANDT JAMIE V. KANE THOMAS

15-L-000105, MUDGE 302

TOMERLIN JAY AS SPC ADM OF THE V. SPRAGGS HOWARD

15-L-000239, RUTH 311

KOZICKY EDWARD V. ALTON CASINO LLC DBA ARGOSY CA

15-L-001541, MUDGE 302

HALDEMAN LANA V. DOWNING SAMANTHA

16-L-000348, RUTH 311

THOMAS KATHRYN V. CLEVENGER DAYLE

16-L-001022, RUTH 311

HAILE DANIELLE V. HARSTER MARK

16-L-001612, RUTH 311

BELLE STREET PROPERTIES LLC V. SCOTTSDALE INSURANCE COMPANY

16-L-000326, MUDGE 302

HEALTHY HABITS MEDICAL BUSINES V. BRASFIELD BRIDGET

16-L-000861, MATOESIAN 351

FLANAGAN AARON J V. GARRETT JACK D

14-L-001320, RUTH 311

HENRY ELIZABETH V. BAALMAN TYLER

16-L-001259, MATOESIAN 351

GRECO JAMES J SPEC ADM OF THE V. ORTHOPEDIC & SPORTS MEDICINE

11-L-000140, MUDGE 302

COOPER THAYDE A MINOR BY HIS N V. PRAIRIETOWN FIRE DEPARTMENT

16-L-001309, MATOESIAN 351

MCCAULEY ERIN V. HELLHUNG ROBERT B

17-L-000026, MATOESIAN 351

RICKETT ROBERT E V. CORTEZ AGUIRRE MONICA

16-L-000213, MUDGE 302

EARNEST KATHARINE B A MINOR BY V. PAPAJCIK STEPHEN B

16-L-001009, MUDGE 302

AGEE DEBRA C V. MODESTO EARL

17-L-000235, MUDGE 302

BOWEN HORCELIA INDIVIDUALLY V. BRAVO CARE OF ALTON INC DBA RO

16-L-000072, MUDGE 302

MALL ROAD LLC V. MOORE LILLIE KATHLEEN TRUSTEE

16-L-001455, MUDGE 302

MTC 1 A CORPORATION V. VOGLER VINCENT

16-L-000176, MUDGE 302

PALMISANO EDWARD V. ROWLAND GUY

16-L-001507, MUDGE 302

KALERT JANICE K V. SHELL OIL COMPANY

12-L-000045, RUTH 311

MATHIS CLIFFORD V. RAY HERRIN CORPORATION DBA THE

16-L-000752, RUTH 311

ROGERS DANIEL K V. FORD TIFFANY B

15-L-001260, MATOESIAN 351

SCHLATER KIERSTIN BY AND THROU V. KORTE ALEXIS

16-L-001762, MUDGE 302

HOEY LUANNE D V. SOUTHWESTERN ELECTRICAL COMPAN

14-L-000590, MUDGE 302

BOND MARY V. WRIGHT MEDICAL TECHNOLOGY INC

12-L-000410, MUDGE 302

BEACH LAUREN V. REILMANN TAYLER M

16-L-001554, MATOESIAN 351

SVOBODA MARY L V. ALTON VFW POST 1308

15-L-000671, RUTH 311

WARE AC SR V. MEYER ABBEY R

16-L-001058, MATOESIAN 351

MILLER JAMES L V. GORDON JENNA K

15-L-001574, 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

CRESON FORREST S V. VANECEK MARY L

15-L-001656, MATOESIAN 351

THOMASON JAMES V. HOLMES DON

16-L-000288, RUTH 311

DOCHWAT GABRIELA N A MINOR BY V. KAYSER ELIZABETH J

16-L-000232, RUTH 311

MURPHY MARY V. NIEMEIER VICKIE L

16-L-001370, RUTH 311

GOEBEL ERIN V. MCKEEHAN SAMUEL

16-L-000984, MATOESIAN 351

PERICA PATRICIA L V. MEDLING CASSANDRA L

16-L-001205, MUDGE 302

SLATER TIMOTHY V. GAY PAMELA

16-L-001598, MATOESIAN 351

WILLIAMS ROBERT C V. PREMIER CDL TRAINING SERVICES

16-L-000639, MUDGE 302

VOSS DAWN N V. FRANTZ RANDY DBA L&M WOOD DESI

14-L-001634, MATOESIAN 351

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

ARMSTRONG SHERMAN V. MAGNOLIA MARINE TRANSPORT

15-L-000813, MATOESIAN 351

DRAEGER MEDICAL SYSTEMS INC V. D&M MEDICAL INC

15-L-000570, RUTH 311

VAN WYK JENNIFER V. BOATMAN JR RICHARD R DMD PC DB

09-L-000806, MATOESIAN 351

MULDER SYDNEY J V. BOATMAN RICHARD R JR DMD PC DB

16-L-000682, CROWDER 320

BIGGS DAVID V. SCHEIBEL NICHOLAS

15-L-000860, MUDGE 302

WESTBROOK SHANNON V. BETHALTO CARE CENTER INC

16-L-001099, MUDGE 302

FISH DEBRA M V. CITY OF ALTON A MUNICIPAL CORP

16-L-000495, MUDGE 302

OBRECHT STANLEY JR V. VILLAGE OF GLEN CARBON

16-L-000689, MUDGE 302

SHEIKH ZAKI V. SUNSET HILLS COUNTRY CLUB

15-L-001120, MUDGE 302

COX JOEL V. HARDEES FOOD SYSTEMS LLC

15-L-000868, CROWDER 320

FOCHT AMANDA J V. BOX DAVID L

15-L-000902, MUDGE 302

GILLESPIE JODEE L AS INDEPENDE V. GOFF KEITH

16-L-001101, RUTH 311

SCHNEIDER RUTH E V. SMITH CURTIS A

16-L-001228, MATOESIAN 351

JATEFF PETER V. DOUGLAS PATRICIA

16-L-001320, MATOESIAN 351

RP LUMBER CO INC V. FICKEN DARRYN

17-L-000172, CROWDER 320

ADAIR KIERSTYN G A MINOR BY RO V. LEGATE GAILE M

14-L-001638, MATOESIAN 351

HUNSCHE GARY V. WILSON MICHAEL SR

15-L-000459, MATOESIAN 351

HEDGER MICHELLE V. NAGY ALEXANDRA

17-L-000022, RUTH 311

9:30 AM

TEDFORD GARY V. ACE VENTURES COLLINSVILLE LLC

15-L-001131, DUGAN 230

CARTER MATTHEW E ON BEHALF OF V. CITY OF ALTON A MUNICIPAL

11-L-001305, ALFELD 228

1:00 PM

SMITH GARY V. OWENS ROGER

09-L-000620, MUDGE 302

BATSON LINDA V. LOCKWOOD GROUP LLP DBA TOWNSHI

13-L-001181, MUDGE 302

KLAUS ASHLEY V. CROSS AUTO BODY & TOWING INC

16-L-001265, MUDGE 302

BONNE ANNEE JEAN B V. WORKER MARK E

16-L-000981, MUDGE 302

STILES JUSTIN M V. RIVES DENNIS W

12-L-000793, MUDGE 302

NEUDECKER MARY V. SCOTT CREDIT UNION

15-L-001420, MUDGE 302

HALE CAROLINE V. GLENHAVEN GARDENS OF ALTON LLC

16-L-001353, MUDGE 302

PERKO LINDA V. LERCH HOMES INC

10-L-000202, MUDGE 302

EDWARDS STEVEN V. AMERICAS CENTRAL PORT DISTRICT

16-L-001743, MUDGE 302

BUTLER LAWRENCE V. SCHNUCK MARKETS INC

15-L-001551, MUDGE 302

RADCLIFF RODGER A V. NATIONAL MAINTENANCE & REPAIR

16-L-001280, MUDGE 302

KEEBLER HAROLD V. PINNACLE FOODS INC

16-L-000228, MUDGE 302

GABRIEL DANA V. JACKSON PHILIPP

14-L-001625, MUDGE 302

FARMER BRIAN V. PROGRESSIVE NORTHERN INSURANCE

16-L-000733, MUDGE 302

NOLAN CHRISTOPHER V. VERETT AMANDA B

17-L-000027, MUDGE 302

CONTEGRA CONSTRUCTION COMPANY V. TECHNICOTE INC

16-L-001403, MUDGE 302

RLJ LENDING CO V. ANDERSON MICHAEL C

16-L-001041, SC JUDGE TBA

ROSENKRANZ JOHN H IV V. CENTRAL BUSINESS MANAGEMENT SE

13-L-002200, MUDGE 302

BRAY STEPHEN D V. NORWOOD DARRELL K

16-L-001305, MUDGE 302

WILSON ALEX V. RHP PROPERTIES INC DBA MALLARD

17-L-000164, MUDGE 302

TRAVELERS PROPERTY CASUALTY CO V. LOVE CONSTRUCTION AND

14-L-000673, MUDGE 302

HARRIS MARK SR V. CRAIN TRAVIS E

16-L-000527, MUDGE 302

KINSEY JUNE V. GLEN CARBON SENIOR COMMUNITY C

15-L-001050, MUDGE 302

SETTLEMYRE INDUSTRIES INC V. MIDWEST BIODIESEL PRODUCTS LLC

15-L-000864, SC JUDGE TBA

1:30 PM

LYMBERPOULOS DAWN AS TEMP GUAR V. MCCOY CHRISTOPHER S

16-L-000433, RUTH 311

TOTTY BARBARA V. HAYES DEBRA K

14-L-001183, RUTH 311

BRADY BRIAN V. WELLS KIMBERLY

15-L-000636, RUTH 311

Wednesday, May 24

1:30 AM

TRUEBLOOD LAWRENCE V. ALL ACQUISITIONS LLC F/K/A ATH

15-L-000959, ASBESTOS J 327

9:00 AM

SMITH CAROLE V.

15-L-001469, ASBESTOS J 327

CLIFTON AFTON J V. AIR & LIQUID SYSTEMS CORP AS S

16-L-000869, ASBESTOS J 327

The Illinois Supreme Court has adopted a statewide policy statement for pretrial services that includes a risk assessment tool to help courts determine whether low-risk defendants should be detained or released prior to trial.

The statement adopted by the Supreme Court provides for pretrial services in each of Illinois' 24 judicial circuits.

“This policy statement seeks to serve as a guide for all of our trial courts," Illinois Supreme Court Chief Justice Lloyd A. Karmeier said in an announcement. "The goal of pretrial services is to reduce the pretrial incarceration rate while ensuring that defendants comply with approved pretrial release.”

The Illinois pretrial risk assessment tool will allow state courts to decide if low-risk, non-violent defendants should remain in custody or be released on bond while their cases move through the criminal justice system.

While the statement acknowledges that high-risk offenders and those who fail to appear in court should remain in custody, the policy states that “people who are low-risk and non-violent should not remain in jail solely because they cannot afford bail.”

The new risk assessment tool is evidence-based and will help judges make release decisions based upon a defendant’s level of risk.

In a statement, Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, said the new policy “serves as a principled pillar to guide governance and oversight of pretrial services."

A risk assessment tool called the Public Safety Assessment has been tested in Cook, Kane and McLean counties with positive results.

Cook County currently reports that assessments have reduced its jail population from 9,543 in July 2014 to 8,112 in August 2016, while the percentage of defendants who have had assessments has risen from 53 percent in May 2014 to 96 percent in August 2016.

In Kane County, assessments have increased from just eight in 2015 to 3,219 between January and October 2016. McLean County assessments have also risen, with 1,249 assessment done from January to August 2016, up from 312 assessments completed from January to August 2015.

Madison County Associate Judge Clarence Harrison granted in part and denied in part a construction company and contractor’s motions for summary judgment in an asbestos attorney’s lawsuit alleging mold and water infiltrated his $775,000 Troy home.

On April 13, Harrison filed an order granting summary judgment for count I, but denied summary judgment for counts II, III, IV and V.

Defendant Customary Construction was given 30 days to respond to plaintiff Christopher Guinn’s request for admission.

The suit was filed by Simmons attorney Christopher Guinn and his wife in April 2016 against Customary Construction and building Keven Kahrig. 

The Guinns are represented by attorney Jason Johnson of HeplerBroom in Edwardsville. 

They claim their home at 474 Tyler Dr. in Troy is uninhabitable due to mold. The Guinns purchased the home from Kahrig in September 2014 for $775,000.

The Guinns allege a Feb. 22 inspection report listed numerous defects in construction, including improperly constructed exterior walls and deck, which they say caused the water infiltration.

The plaintiffs claim they have been forced to live in a separate location and will continue to do so until the defects are fixed.

Customary Construction sought partial summary judgment on Oct. 6, arguing that summary judgment is appropriate for count I, which alleges the defendant owed the plaintiffs a duty to exercise reasonable care in the design and construction of the home.

“Plaintiffs alleged damages in this case are purely economic losses that are not recoverable in tort," the motion stated. “Plaintiffs seek damages for alleged diminution of value of their home and costs to repair or replace the walls and deck. Plaintiffs have not alleged any harm above and beyond disappointed expectations.”

Customary Construction then sought summary judgment for the additional counts on March 10 through Michael Hobin of Reed Armstrong Mudge & Morrissey in Edwardsville.

It argued that the plaintiffs waived all warranties, barring damages sought for breaches of implied warranties in counts II and III.

Kahrig filed his own motion for summary judgment on March 3 through attorney Peter Maag of Maag Law Firm LLC in Wood River.

He argued that damages sought for fraud in counts IV and V are not recoverable “as plaintiffs could not point to false statements made in the sales transactions, or adequately explain a duty to disclose any alleged defects in an ‘as is’ sales transaction.”

On May 11, Harrison granted Reed Armstrong Mudge & Morrissey’s motion for leave to withdraw as counsel for Customary Construction.

The defendant was given 21 days to have its new counsel enter an appearance or to appear pro se.

Madison County Circuit Court case number 16-L-443

Hardee’s Restaurant settled a suit filed by a customer alleging he was attacked in the restroom during an attempted robbery.

The suit was settled on April 3 for an undisclosed amount.

Madison County Circuit Judge Barbara Crowder presided over the case.

According to Joel Cox’s July 2015 complaint, he claimed he and his wife visited the Collinsville Hardee’s on July 13, 2013, while out shopping at yard sales.

Cox claimed he walked past a table where Eric Manthei and Samantha Harlow had been sitting for approximately 10 minutes without ordering any food or drink.

Cox entered the restroom and was allegedly followed by Manthei in an attempted robbery. Manthei allegedly put Cox in a “rear naked choke hold,” which caused him to begin going unconscious. As a result, he fell and hit his head on the sink.

Cox, who was 87 at the time of the attack, claimed he sustained a broken nose, permanent throat injuries and other fractures in the altercation. He claimed he began bleeding, startling his assailant. Manthei allegedly ran out of the restroom and out of the exit doors to get into a waiting vehicle driven by Harlow.

Hardee’s was represented by Robert Tucker of Goffstein Raskas Pomerantz Kraus & Sherman LLC in St. Louis.

Cox was represented by Joseph Reames of Wood River.

Madison County Circuit Court case number 15-L-868