BELLEVILLE — A woman is suing Loren Hearty, alleging that insufficient measures were taken to prevent injuries while the defendant was driving.

Karla Sauls filed a complaint in April in St. Clair County Circuit Court against Hearty alleging that she negligently failed to operate her vehicle at a speed reasonable under the circumstances.

According to the complaint, the plaintiff alleges that on Jan. 27, she was driving a motor vehicle on Camp Jackson Road in St. Clair County when defendant violently struck the rear of her vehicle. The plaintiff suffered serious, permanent and progressive injuries. 

The plaintiff holds Hearty responsible because the defendant allegedly failed to keep a careful and diligent lookout and failed to reduce speed to avoid a collision.

The plaintiff requests a trial by jury and seeks judgment against the defendant in a reasonable sum exceeding $50,000, plus costs of this suit and all other relief as the court deems just and proper. She is represented by Michael P. Corrigan of Padberg, Corrigan & Appelbaum in St. Louis.

St. Clair County Circuit Court case number 17-L-213

BELLEVILLE — A motorist is suing Patricia Henson, alleging that she negligently took a left-hand turn that caused an April 2015 Belleville accident.

Marie Carroll filed a complaint on April 21 in the St. Clair County Circuit Court against Henson alleging that she failed to operate her vehicle in a careful manner.

According to the complaint, the plaintiff alleges that, on April 21, 2015, she was driving her 2005 Pontiac Grand Prix in Belleville on South Belt West at or near its intersection with South Illinois Street when defendant negligently made a left-hand turn and struck plaintiff's vehicle.

The plaintiff sustained serious, severe and permanent injuries to numerous parts of her body and nervous system. The plaintiff holds Henson responsible because she allegedly carelessly failed to keep her vehicle under proper control, failed to keep a proper lookout and failed to stop or take evasive measures to avoid the collision.

The plaintiff requests a trial by jury and seeks damages in an amount in excess of $50,000, plus costs of suit and all further reasonable and equitable relief. She is represented by Cathy MacElroy of MacElroy Law LLC in Belleville.

St. Clair County Circuit Court case number 17-L-211

To better prepare law students to practice in the 21st century, the Illinois Supreme Court recently adopted changes to the minimum continuing legal education (MCLE) rules that emphasize the increasing importance of simulation training for educating law students.

Last month, the court broadened the MCLE credit available to Illinois attorneys who judge any type of simulation training for law students. The new rules apply to law student simulations beginning July 1, according to a release issued by the Illinois Supreme Court.

“The court adopted these changes as part of its ongoing effort to enhance continuing legal education opportunities for members of the Illinois bar,” said Illinois Supreme Court Chief Justice Lloyd A. Karmeier, who serves as the court’s liaison to the MCLE Board. “The changes, which are based upon the experience in other jurisdictions, as well as feedback from course providers and practicing lawyers, are designed to make CLE requirements more consistent and easier to follow and to recognize additional activities for which CLE credits may be earned while educating future lawyers."

Previously, Rule 795(d)(6)(i) limited MCLE credit to judging moot court arguments conducted by law students. With the changes, attorneys may earn Illinois MCLE credit for judging all types of simulation exercises, including mock trials, transactionals, negotiations, arbitrations and mediations that are offered to law students by law schools or other sponsors.

Additionally, the court approved revisions to Rule 795(a)(6), (7) and (8) and added Rule 795(d)(1) and (6), which aim to simplify the application process for course providers. These changes not only simplify the definition of delivery methods for MCLE courses, they make the minimum requirements more uniform for all courses. This includes those courses sponsored by government entities, law firms and corporate legal departments.

The amendments adopted by the court were proposed by the MCLE Board and its director, Karen Litscher Johnson.

“Thanks to their input, Illinois’ MCLE rules already meet or exceed national standards set by the ABA (American Bar Association),” Karmeier said. “With these changes, we hope to keep Illinois at the forefront of continuing legal education for attorneys and, in so doing, improve the quality of legal representation available to the people of Illinois.”

BELLEVILLE — An Alton motorist is suing a truck driver and a Missouri building materials supplier, alleging the driver rear-ended her while she was stopped on the shoulder of an exit ramp to allow an ambulance to pass.

Christina Argyropoulos filed a complaint on May 4 in the St. Clair County Circuit Court against Venture Group Investments Inc., doing business as Arrowhead Building, and driver Richard Hinojosa, alleging the defendants failed to exercise care in operating and managing their vehicle to avoid injuring others.

According to the complaint, the plaintiff alleges that on May 4, 2015, while driving southbound on the exit ramp of Route 157 toward St. Clair Avenue, she pulled to the shoulder of the exit ramp to allow an oncoming ambulance to pass. She claims that while her vehicle was at a complete stop on the shoulder of the road, her vehicle was struck in the rear by the defendant's vehicle. 

As a result, Argyropoulos claims she suffered physical injuries and loss of enjoyment of life and incurred medical expenses. 

The plaintiff alleges Hinojosa failed to reduce speed to avoid an accident and failed to keep a proper lookout.

The plaintiff requests a trial by jury and seeks compensatory damages in an amount in excess of $50,000, pre-judgment interest, attorney fees, costs and any other such relief as the court deems appropriate and just. 

She is represented by Michael R. Wesley of The Law Office of Michael R. Wesley LLC in Wood River.

St. Clair County Circuit Court case number 17-L-244

BELLEVILLE — A motorist is suing another driver for allegedly causing a November 2015 crash in Alorton. 

Garland Edmonds filed a complaint on May 1 in the St. Clair County Circuit Court against Amanda Bridger, alleging she failed to exercise ordinary care for the safety of other motorists and their vehicles.

According to the complaint, the plaintiff alleges that on Nov. 25, 2015, he was struck by the defendant's vehicle while driving southbound on Racehorse Drive at New Missouri Avenue.

As a result, Edmonds claims he suffered physical injuries, disability, loss of normal life and medical expenses. 

The plaintiff alleges Bridger failed to decrease speed to avoid colliding with the plaintiff's vehicle, followed the vehicle more closely than was reasonable and prudent, failed to keep her vehicle under control and failed to be attentive while driving.

The plaintiff requests a trial by jury and seeks judgment in an amount of his actual damages which are in excess of $50,000 together with all costs incurred, and other relief to which to court deems just. 

He is represented by Kevin Boyne of Kevin Boyne PC in Belleville.

St. Clair County Circuit Court case number 17-L-231

BELLEVILLE — A driver is suing two motorists for allegedly hitting his vehicle while he was attempting to make a left turn.

Joseph L. Sandy filed a complaint on April 26 in St. Clair County Circuit Court against Victoria L. Douglas and Jennifer R. Delashmit, alleging they failed to exercise reasonable care in the operation of their vehicles.

According to the complaint, the plaintiff alleges that on May 2, 2015, he was driving in a northerly direction on Greenmount Road at its intersection with Golf Course Drive in St. Clair County when he used his left turn signal and attempted to make the turn. He claims the defendants struck his car while he was making the left turn. 

As a result, Sandy claims he suffered partial disability, pain and suffering, lost wages and medical expenses. 

He alleges Douglas and Delashmit failed to keep their vehicles under proper control and failed to stop their vehicles in time to avoid colliding with other vehicles.

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

He is represented by Jack A. Strellis of Strellis and Field Chartered in Waterloo.

St. Clair County Circuit Court case number 17-L-221

BELLEVILLE — A motorist is suing G&B Busing, alleging one of its employees caused a December crash in Dupo.

Cayla Morris filed a complaint in April in St. Clair County Circuit Court against Larry L. Watson and G&B Busing, alleging Watson failed to exercise due care for the safety of others on the road.

According to the complaint, the plaintiff alleges that on Dec. 12, 2016, she was lawfully driving her 2014 Chevrolet Malibu in Dupo when Watson, who was employed by G&B Busing, negligently caused the bus he was driving to strike the plaintiff's vehicle. 

As a result, the plaintiff claims she suffered numerous injuries to her upper body as a result of the crash. 

The plaintiff alleges Watson failed to keep a proper lookout for other vehicles and failed to properly and timely apply brakes on his vehicle.

The plaintiff requests a trial by jury and seeks damages in excess of $50,000 and all further relief as the court may deem equitable. 

She is represented by Geoffrey S. Meyerkord of Meyerkord & Meyerkord LLC in St. Louis and Justin L. Mason of The Law Offices of Justin L. Mason LLC in St. Louis.

St. Clair County Circuit Court case number 17-L-210

EDWARDSVILLE — A woman is suing the owners of a coin collection store for allegedly unlawfully selling stolen products.

Jenny Mawhee filed a complaint on June 14 in the Madison County Circuit Court against Rick Fudge and Loretta Fudge, doing business as T and E Coin, alleging they routinely purchase gold jewelry from individuals with no legal ownership of the items.

According to the complaint, the plaintiff alleges that in August 2013, she had personal property stolen from her, including jewelry and other custom pieces, that amounted to $25,000. Mawhee claims the items were sold to the defendants for $1,000. She alleges the defendants refused to return the stolen items. 

The plaintiff alleges the defendants routinely purchase from people not likely to have legal ownership of the items. 

Mawhee also alleges the defendants pay pennies on the dollar for the items and either melt them down or destroy them and sell them for scrap. 

The plaintiff requests a trial by jury and seeks compensatory damages in excess of $25,000, punitive damages in the amount of ten times the actual damages, plus costs of the suit, and such other further and different 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-836

BELLEVILLE — A man is suing a motorist alleging negligence for a 2015 wreck in Fairview Heights.

Herbert Townsend filed a complaint on May 2 in the St. Clair County Circuit Court against Betty Martin, alleging the defendant failed to operate the vehicle she was driving with care so as not to endanger other motorists.

According to the complaint, the plaintiff alleges that on May 2, 2015, while at the intersection of Bunkum Road and St. Clair Avenue, Martin's car collided with the plaintiff's vehicle. 

As a result, Townsend claims he suffered physical injuries and incurred medical expenses. 

The plaintiff alleges Martin failed to keep a careful lookout, was distracted, inattentive and/or unaware of her surroundings and failed to reduce speed to avoid striking Townsend's car.

The plaintiff requests a trial by jury and seeks judgment in excess of $50,000, plus pre-judgment interest, costs expended and for such other relief as the court deems just and proper.

St. Clair County Circuit Court case number 17-L-240

BELLEVILLE — A driver is suing another motorist, alleging the defendant negligently caused a collision while running a red light.

Kathy Haywood filed a complaint on May 3 in the St. Clair County Circuit Court against Kimberly McGraw alleging that the defendant failed to operate her vehicle with ordinary care.

According to the complaint, the plaintiff alleges that on June 26, 2015, she was struck by McGraw's vehicle while driving eastbound on Lebanon Road and approaching the State Route 161 intersection. She claims the defendant ran a red light.

As a result, Haywood claims she suffered physical injuries and required medical treatment costing in excess of $28,476.18. 

The plaintiff alleges McGraw failed to keep a proper and careful lookout, failed to yield, stop or obey a traffic signal and failed to turn, swerve or otherwise maneuver the vehicle in order to avoid the collision.

The plaintiff requests a trial by jury and seeks an award of damages incurred, prejudgment interest, costs incurred and for such other and further relief as the court deems just and proper. 

She is represented by Anthony S. Bruning, Anthony S. Bruning Jr. and Ryan L. Bruning of The Bruning Law Firm LLC in St. Louis.

St. Clair County Circuit Court case number 17-L-242

EDWARDSVILLE — An administrator of the estate of the deceased is suing a nursing center and medical facility for allegedly failing to properly care for the decedent.

Jerome Bates, as administrator of the estate of Judith Bates, filed a complaint on June 12 in the Madison County Circuit Court against Integrity Healthcare of Alton; General Medicine, PC or in the alternative General Medicine of Illinois Physicians, PC; Senior  Healthcare Management, LLC; and Steve Blisco, alleging the defendants violated the Nursing Home Refort Act of 1987.

According to the complaint, the plaintiff alleges that on June 24, 2015, Judith Bates was a resident at the defendant's nursing home and developed a urinary tract infection. The plaintiff alleges Judith Bates was also dehydrated, suffered from protein calorie malnutrition, had lost weight, suffered from urinary incontinence, could no longer eat and complained of abdominal pain. However, the plaintiff alleges no doctor was notified of her condition. The next day, Judith Bates died. 

The plaintiff alleges the defendants failed to formulate and update a plan of care regarding hydration, weight loss, nutrition and diet, urinary incontinence and urinary tract infections and failed to provide appropriate hygiene and preventative measures to prevent recurrent urinary tract infections.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $75,000, plus costs, attorney fees, and such other further relief as the court deems just and proper. 

He is represented by Ross T. Anderson of East St. Louis.

Madison County Circuit Court case number 17-L-827

WASHINGTON – The U.S. Supreme Court has overturned rulings made by three California courts that concluded they had specific jurisdiction over lawsuits brought by out-of-state residents against a company not incorporated or headquartered there.

On June 19, the court released an 8-1 decision in favor of Bristol-Myers Squibb, which was sued by more than 600 plaintiffs in San Francisco County Superior Court over its prescription blood thinner Plavix. The plaintiffs did not allege they purchased Plavix in California, only that BMS had enough business ties to the state that the courts there could exercise jurisdiction over their claims.

Only Justice Sonia Sotomayor voted to affirm the California courts’ rulings.

“The relevant plaintiffs are not California residents and do not claim to have suffered harm in that state,” Justice Samuel Alito wrote for the majority.

“In addition… all the conduct giving rise to the nonresidents’ claims occurred elsewhere. It follows that the California courts cannot claim specific jurisdiction.”

The group of plaintiffs in the mass action consisted of 86 California residents and 592 residents of 33 other states. The decision, according to Dorsey & Whitney partner Timothy Droske, will limit the number of out-of-state plaintiffs that can join in-state plaintiffs in mass actions and could force plaintiffs attorneys to file these types of cases in the specific jurisdictions in which corporations can be deemed “at home.”

“This case is another example of a marked trend by the Court since its decision in Daimler AG v. Bauman (in 2014) to reign in the scope of personal jurisdictions over corporate defendants,” Droske said.

Indeed, that has been the case this year, with the court limiting jurisdiction in two recent decisions. On May 30, the court ruled Montana courts were wrong to accept two cases of railroad workers suing their employer over injuries not sustained in the state.

Just eight days earlier, the court had ruled for a company that fought to have a patent case against it moved to its home jurisdiction. The case had been filed in U.S. District Court for the Eastern District of Texas, traditionally a magnet for patent claims.

BMS is incorporated in Delaware and headquartered in New York, with more than 50 percent of its workforce employed in New York and Jew Jersey. It also has five facilities in California and employs approximately 410 employees in the state.

Plavix wasn’t developed in California, and the company did not develop a marketing strategy for it there. It also did not make the drug in the state.

Nevertheless, out-of-state residents joined with in-state plaintiffs to sue over alleged side effects. The San Francisco Superior Court, an appeals court and the state Supreme Court all ruled against the company, which had moved to quash service of summons on the nonresidents’ claims.

The state Supreme Court’s reasoning “is difficult to square with our precedents,” Alito wrote.

“In order for a court to exercise specific jurisdiction over a claim, there must be an ‘affiliation between the forum and the underlying controversy, principally [an] activity or an occurrence that takes place in the forum State,’” he added.

“When there is no such connection, specific jurisdiction is lacking regardless of the extent of a defendant’s unconnected activities in the State.”

Sotomayor wrote that she fears the consequences of the opinion will make it difficult for plaintiffs across the country to combine their claims.

“It will make it impossible to bring a nationwide mass action in state court against defendants who are ‘at home’ in different States. And it will result in piecemeal litigation and the bifurcation of claims,” she wrote in her dissent.

Droske said he was struck that the court reached a near-unanimous decision. Sotomayor was the lone dissenter in the Daimler AG case too.

“Justice Sotomayor’s fear… may prove to be correct, but that has not dissuaded both the liberals and conservatives on the bench from reigning in personal jurisdiction’s reach,” he said.

Executive director of Illinois Lawsuit Abuse Watch (I-LAW) Travis Akin said the ruling was welcome news and one that would hopefully "lead to fewer out of state claims being filed in the nation’s worst court jurisdictions.”

Akin said the decision could impact Madison County, the busiest asbestos court in the country, with approximately 90 percent of plaintiffs being out-of-state residents..

"The ruling could prove to be a powerful tool in stopping the kind of venue abuse we see all of time as personal injury lawyers try to game the system by shopping their junk lawsuits in the nation’s most plaintiff friendly court jurisdiction," Akin said.  

He added that one of the questions to come out of the case against Bristol-Myers Squibb was why there was such an "eagerness" for out of state plaintiffs to bring their claims to California courts.

"Could it be the cases were filed there because the plaintiffs’ lawyers thought that by filing their cases in California, which is one of the nation’s worst ‘Judicial Hellholes,’ they could get a more favorable outcome?" he said.

Ann Maher contributed to this report.

Despite a decrease of 6.4 percent in the costs for workers' compensations claims since 2010, Illinois still has one of the higher cost-per-claim averages compared to the other states, according to recent analysis.

The Workers Compensation Research Institute (WCRI), based in Cambridge, Mass., found the average workers' compensation claim in Illinois at $48,898, 21 percent higher than the median cost per state. The only other states with higher rates are Virginia, Georgia, Pennsylvania, North Carolina and Louisiana, which has the highest cost per claim averaging over $55,000. Michigan has the cheapest average at $30,000.

The recent report by Evelina Radeva, CompScope Benchmarks for Illinois, 17th Edition, concluded that the decrease is directly linked to past legislation signed by the state legislature in 2011.

“The 6.4 percent decrease mainly reflects the impact of the 30 percent reduction in the fee schedule rates for all medical services, which took effect under 2011’s Illinois House Bill 1698,” said WCRI legal counsel and executive vice president Ramona Tanabe. 

“Despite this decrease, the average total cost per claim in Illinois was 21 percent higher than the total cost per workers’ compensation claim in the median WCRI study ... for 2013 claims evaluated through early 2016,” Tanabe said. “Indemnity benefits were the largest component of total workers’ compensation costs in Illinois, accounting for 44 percent of all paid dollars for claims originating in 2013, and 49 percent of all paid dollars dating back to claims with injuries in 2011 and payments by 2016.”

The report showed that the issuance of indemnity benefits from those who filed worker’s compensation claims was higher in Illinois versus anywhere else in the United States. This was also the case for medical claims, based on the use of third-party professional services to facilitate the processing of claims that result in medical payouts.

The increase of indemnity benefits was a manifestation of the effects derived from higher wages for employees, longer stints of temporary disability status and recurring lump sum settlements from permanent partial disability claims.

Based on other findings in the report, WCRI concluded that the business environment became more attractive as state lawmakers have made policy decisions to reduce workers’ compensation costs in a variety of ways. Gov. Bruce Rauner’s “Illinois Turnaround” agenda aims to make the state more business-friendly. The plan will attempt to enact reforms to end frivolous lawsuits, provide more choice for workers in regard to union membership, phase in a minimum wage increase and bring changes to workers' compensation policy. 

The WCRI report also provides findings that workers' compensation-related litigation costs were $5,065 per claim, slightly above the median cost per claim per state of $5,006. The study, in terms of total litigation expenses, totaled the cost of a defense attorney, medical-legal expenses and ancillary expenses like filing fees.

Illinois cost for medical payments per claim, the study concluded, is one of the highest in the nation. An analysis from cost data from 2013 and 2016 showed that these costs are 24 percent higher than the national median cost per claim per state at $20,354. For 2015 and 2016 data, the cost per claim is even higher at 28 percent over the national median.

Other findings include metrics that indicate Illinois has high litigation involvement per case. Specifically, 42 percent of these types of claims involve costs incurred for hiring a defense attorney, which is one of the higher rates of defense attorney involvement in this type of litigation. Thirty-three percent of these claims, in addition, had at least one medical- or legal-related expense. This only happened at a rate of 24 percent in other states involved in the WCRI study.

In a broader context of the research, premiums for workers' compensation put Illinois eighth in the nation for 2016.

BELLEVILLE — A driver is suing another motorist for allegedly causing a collision while the plaintiff was stopped at a stop sign in Belleville.

Haamiah S. Nicholson filed a complaint on May 10 in St. Clair County Circuit Court against Ariana M. Mosley, alleging that she failed to exercise due care and caution in the operation and control of her vehicle to avoid injuring others.

According to the complaint, the plaintiff alleges that on March 24, 2016, she was driving north on Anderson Lane and stopped at the stop sign at Lebanon Avenue when Mosley allegedly struck the plaintiff's vehicle. 

As a result, Nicholson claims she suffered serious personal injuries, pain and anguish and was made to expend large sums of money for medical care. 

The plaintiff alleges Mosley failed to give audible warning with the horn, failed to keep a proper and sufficient lookout for other vehicles, failed to apply the brakes and failed to yield the right-of-way.

The plaintiff requests a trial by jury and seeks judgment for damages greater than $50,000, plus costs of suit and for such other or further relief as the court considers just and proper. 

She is represented by Mark C. Scoggins and Anthony P. Gilbreth of Crowder and Scoggins LTD in Columbia.

St. Clair County Circuit Court case number 17-L-254

BELLEVILLE — A motorcyclist is suing a driver for allegedly rear-ending him while he was stopped at a red light in Belleville.

Andrew W. Jasper filed a complaint on May 3 in the St. Clair County Circuit Court against Amanda K. Hofmann, alleging the defendant failed to exercise a duty of care to the plaintiff while operating her vehicle.

According to the complaint, the plaintiff alleges that on May 18, 2015, he was stopped at a traffic signal at the intersection of North Belt East and Lebanon Avenue in Belleville when his motorcycle was rear-ended by the defendant's Volkswagen. 

As a result, Jasper claims he suffered physical injuries, disability, sustained lost wages and medical bills. 

The plaintiff holds Hofmann responsible because the defendant allegedly failed to stop her vehicle before impacting plaintiff's motorcycle, failed to follow traffic signs and failed to keep a proper lookout.

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

He is represented by Michael L. McGlynn of McGlynn and McGlynn in Belleville.

St. Clair County Circuit Court case number 17-L-243

EDWARDSVILLE — A Fairview Heights man is suing the estate of his former attorney, Herman Carl Runge Jr.,  alleging breach of duty for failing to properly handle his workers' comp case.

Rodney Ross filed a complaint on June 14 in Madison County Circuit Court against Marla C. Runge, executor of the estate of Herman Carl Runge Jr., deceased, alleging that the defendant Herman Runge failed to comply with Illinois Worker's Compensation rules. Ross had claimed he was injured on the job with Power Maintenance Constructors while working as an operating engineer and hired the decedent as an attorney to take the injury case.

According to the complaint, Ross claims he was injured while working as an operating engineer with Power Maintenance Constructors. He hired the decedent as his attorney. 

However, he alleges that his Illinois Workers' Compensation claim was filed on the docket, but was dismissed, foreclosing his ability to receive a settlement on his claim. 

The plaintiff alleges Herman Runge failed to properly monitor the worker's compensation docket for an older case that had been dismissed off the docket and failed to reinstate the plaintiff's claim when the defendant received notice that the case had been dismissed.

The plaintiff requests a trial by jury and seeks judgment in a sum of $50,000 plus costs of suit and such other and further relief as the court deems appropriate. 

He is represented by John H. Hustava in Collinsville.

Madison County Circuit Court case number 17-L-835

EDWARDSVILLE — A shopper is suing Wal-Mart after she allegedly fell on a puddle of water at its Highland store.

Savannah S. Widdows filed a complaint on June 9 in Madison County Circuit Court against Wal-Mart Stores Inc., alleging it failed to maintain its Highland store in a safe condition that would not present an unreasonable risk of injury to people.

According to the complaint, the plaintiff alleges that on June 19, 2015, she was shopping at the Highland Wal-Mart Supercenter, located at 12495 State Route 143, when she slipped on a puddle of water that had accumulated on the floor. 

As a result, Widdows claims she suffered physical injuries, great pain and medical expenses. 

The plaintiff alleges Wal-Mart failed to maintain the floor in a safe condition, failed to inspect the floor and allowed water to accumulate on its floor that created a dangerous and unsafe condition.

The plaintiff requests a trial by jury and seeks judgment in a sum of in excess of $50,000, plus costs and any other relief the court deems just. 

She is represented by Kenneth B. Beljanski and Jaye R. Lindsay of Brown and Brown LLP in Fairview Heights.

Madison County Circuit Court case number 17-L-808

EDWARDSVILLE — A woman is suing the Edwardsville Arby's restaurant, alleging she suffered from food poisoning from her meal.

Elizabeth Schubel filed a complaint on June 8 in the Madison County Circuit Court against United States Beef Corporation, doing business as Arby's Restaurant, alleging the defendant failed to use reasonable care and caution in the preparation of its food.

According to the complaint, the plaintiff alleges that on June 25, 2016, she was an invitee in the defendant's restaurant, located at 1800 Troy Road in Edwardsville, when she claims she ingested food containing campylobacter bacteria that rendered it unreasonably defective, unsafe and toxic. 

As a result, Schubel claims she suffered injuries that caused her to incur medical, doctor and hospital bills. 

The plaintiff alleges Arby's failed to properly prepare food for consumption by the general public.

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

She is represented by Allan L. Napp of Schrempf, Kelly and Napp LTD in Alton.

Madison County Circuit Court case number 17-L-804

The Fifth District Appellate Court has upheld a Madison County court finding that Alton homeowner Jacqueline Lumpkins, who was accused of maintaining a property used by a local gang, is liable for damages.

According to background information in the June 1 ruling, Alton police had received over 27 calls to the residence between 2009 and 2014 for reports of disturbances including drugs, guns and first-degree murder, all done 150 feet from a local elementary school.

The name of the gang identified in the ruling was "Flyboyz."

In March 2014, a notice was served to Lumpkins outlining multiple violations that had occurred on the property and informing her that further violations would subject the property to forfeiture. The state sought compensatory damages of more than $50,000, including attorney fees and punitive damages.

Circuit Judge Barbara Crowder ordered Lumpkins to pay $57,819.95 in compensatory damages. 

The state also sought an injunctive order prohibiting the defendant from using the residence for a one-year period beginning Sept. 29, 2015. 

Lumpkins moved to appeal on that date, claiming she was unaware of the criminal activity because she was at work when it happened. She also claimed that she was not the owner and that she was not in control of the property until her mother died in 2015, but according to court documents, her name was on a deed to the house.

In 2016, Crowder partially granted the motion to vacate regarding the punitive damages and injunctive relief, finding that the severity of the monetary penalty and the injunction outweighed the hardship on the state in going to trial. Lumpkins' claim that she was at work during the criminal activity was found not credible; the trial court also found that Lumpkins had not presented any credible support and had failed to establish due diligence on her part for ignoring the proceedings.

Lumpkins appealed again, stating that the trial court abused its discretion in partially denying her motion to vacate. 

Justice Thomas Welch, who authored the Rule 23 decision, wrote that the defendant did not have a credible defense because, despite being aware of the proceedings against her, Lumpkins made no effort to answer, appear at the hearing or offer any explanation for her lack of action in these proceedings. She also failed to present credible support for her claims. Welch agreed with the trial court that Lumpkins' claim that she was unaware of the criminal activity in her home was simply not credible.

The appellate court upheld the trial court decision that substantial justice was done by leaving the compensatory damages and attorney-fees award in place. 

Welch wrote that the court's decision reflected a careful balance of the severity of the penalties to the defendant and the hardship on the state.

EDWARDSVILLE — A Maryville man is suing an insurance company and the special representative of a deceased woman's estate, alleging breach of duty for failing to settle injury claims brought against them for injuries caused by the woman's pet cat.

William Juenger filed a complaint on June 15 in Madison County Circuit Court against the estate of Jennie Juenger, deceased, and Standard Property and Casualty Insurance Company, alleging the defendants violated the Animal Control Act and failed to settle claims.

According to the complaint, the plaintiff alleges that on June 15, 2015, the plaintiff was at Jennie Juenger's residence in Collinsville while she was still alive and was attacked by her house cat. The plaintiff claims that because of the attack, he slipped and fell down the basement stairs and struck a concrete floor. 

The plaintiff alleges he sent a demand for a settlement within the decedent's insurance policy to Standard Property, but he claims he did not receive compensation. 

The plaintiff alleges the defendants failed to respond to the plaintiff's policy limits settlement offer, refused to engage in settlement negotiations and denied his claim without knowing the statute the claim fell under.

The plaintiff requests a trial by jury and seeks judgment in such sum over $50,000, plus attorney's fees, costs and such other and further relief the court deems just and proper. 

He is represented by Gregory M. Klote of Gregory M. Klote Attorney at Law in Chesterfield, Mo.

Madison County Circuit Court case number 17-L-840