BENTON – The U.S. District Court for the Southern District of Illinois has ordered an Illinois resident, who had sued Ford Motor Credit Co. for allegedly failing to uphold its obligations under an auto contract, to resolve the case through arbitration.

On June 22, U.S. District Judge David R. Herndon granted Ford Motor Credit’s motion to compel Jeffrey Burcham to arbitration. The judge ruled that the delegation clause in the arbitration agreement signed by Burcham and Ford Motor Credit was unambiguous in both declaring and requiring parties to arbitrate “claims regarding the interpretation, scope, or validity of [the arbitration] clause, or arbitrability of any issue,” according to the order.

Since Burcham did not pointedly challenge the “delegation provision,” the court had to treat it as valid and enforceable, according to the judge’s order.

Burcham argued the case should not be sent to arbitration because the enforcement of a security interest was expressly excluded from the arbitration clause within the contract. Burcham contended the entire legal dispute stood on this premise. He further claimed the motion should have been denied because the arbitration clause excludes the instant dispute, and neither party opposed that the claim hinges on security interests, according to the order.

Ford argued that the claim should be arbitrated because it fell within the scope of the retail installment contract’s arbitration clause.

In July 2016, Burcham filed a class action lawsuit in St. Clair County Circuit Court claiming breach of contract.

Burcham claimed he spent $150 plus costs and fees to obtain the certificate of title for a 2006 Ford Fusion SE. He claimed the credit company failed to release the security interest for his vehicle after a former security interest was satisfied.

Burcham sought a jury trial and more than $50,000 in damages. The credit company filed its motion to compel arbitration in August 2016.

EDWARDSVILLE – A Madison County woman alleges that she was injured because of the negligent conduct of a Maryville physician.

Brittany Brown filed a complaint on July 10 in Madison County Circuit Court against James Fernandez, M.D., alleging negligence.

According to the complaint, the plaintiff alleges that on Nov. 19, 2015, she came under the care and treatment of Fernandez at Anderson Hospital for a scheduled excision of the left submandibular gland. She alleges that the defendant failed to remove the salivary stone that was identified before the operation and failed to remove the gland.

The plaintiff alleges Fernandez failed to prescribe a full 10 days of antibiotics for treatment of sialoadenities prior to surgery and failed to follow conservative treatment measures before resorting to surgery.

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

She is represented by John J. Hopkins of John J. Hopkins & Associates, PC in Alton.

Madison County Circuit Court case number 17-L-967

EDWARDSVILLE – A woman alleges her head and neck were injured as a result of a collision in Alton.

Lindsay Thien filed a complaint on July 10 in Madison County Circuit Court against Erin D. Hall, alleging negligence.

According to the complaint, the plaintiff alleges that on Nov. 23, 2016, she was driving in an easterly direction on Homer Adams Parkway when the defendant's vehicle rear-ended her vehicle. 

As a result, Thien claims she suffered physical injuries, lost wages and incurred large sums of money in medical bills. 

The plaintiff alleges Hall failed to keep vehicle under proper control, failed to keep a proper lookout, failed to apply brakes and failed to reduce speed to avoid the accident.

The plaintiff seeks judgment of more than $50,000, plus costs of suit, and any other further relief deems appropriate and just. 

She is represented by Jane Unsell of Unsel, Schattnik & Phillips, PC in Wood River.

Madison County Circuit Court case number 17-L-968

EDWARDSVILLE – A cyclist alleges he was injured in Collinsville when a motorist failed to yield to a stop sign.

Del Miller filed a complaint on July 13 in the Madison County Circuit Court against Garrett Morgan, alleging negligence.

According to the complaint, the plaintiff alleges that on Dec. 3, 2016, while operating his bicycle in a northerly direction on Vandalia Street, the defendant allegedly ran a stop sign and hit his bicycle broadside. 

Miller claims he suffered physical injuries, pain and expended money for necessary medical care. 

The plaintiff alleges Morgan failed to keep a proper lookout for other vehicles, failed to properly apply brakes of the vehicle and operated his vehicle at an excessive rate of speed.

The plaintiff seeks judgment in a sum of more than $50,000 to compensate for damages, plus costs of suit, and any other further relief the court deems just and proper. 

He is represented by John H. Hustava of John H. Hustava in Collinsville.

Madison County Circuit Court case number 17-L-1002

EDWARDSVILLE – A mother and her minor child have filed suit against a driver following a roll over crash in Bethalto.

Isabella Schuette, a minor by her mother, Mindy Schuette, filed a complaint on July 13 in the Madison County Circuit Court against Steven Pruett alleging negligence.

According to the complaint, the plaintiffs allege that on Nov. 4, 2015, Mindy Schuette was a passenger in a vehicle driven by Pruett when he allegedly veered off the roadway, causing the vehicle to roll over. 

As a result, she suffered severe physical injuries that her mother became liable to expend money for medical care, treatment and services, the suit claims. 

The plaintiffs alleges Pruett failed to reduce or decrease speed by reason of weather or highway conditions, failed to drive his vehicle entirely within the lane of traffic and failed to properly apply the brakes of his vehicle.

The plaintiffs seek judgment for a fair and just award of more than $50,000, plus costs of suit, and any other further relief the court deems just and proper. 

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-1003

EDWARDSVILLE – An insurance company is seeking damages from a Clinton County woman after a collision in Madison County.

State Farm Mutual Automobile Insurance Co. filed a complaint on July 13 in Madison County Circuit Court against Cynthia Davis, seeking subrogation.

According to the complaint, the plaintiff alleges that on July 13, 2015, its insured Ralph Bishop was driving southbound near Interstate 255 and New Poag Road when the defendant allegedly caused her vehicle to go down the wrong way of the highway and violently collide with Ralph Bishop's vehicle. 

As a result, the plaintiff alleges it paid to, or on behalf of, its insured the total amount of $60,500.02 for bodily injuries. 

The plaintiff alleges the defendant operated her motor vehicle at a speed which was too fast for the conditions, failed to keep proper lookout, failed to bring the motor vehicle to a stop, or to change, alter or divert the course of same.

The plaintiff seeks judgment in the amount of $60,500.02 with interest at the legal rate, costs of action, and for such other and further relief as the court deems just and proper. 

It is represented by Marc Gnade of Law Office of Marc Gnade in Fenton, Mo.

Madison County Circuit Court case number 17-L-1006

EDWARDSVILLE — A man claims his arm and body became stuck between a mini skid steer unit and a deck due a product defect.

Nathan Korte filed a complaint on July 20 in the Madison County Circuit Court against The Charles Machine, Works, Inc., doing business as Ditch Witch, Anvil Land and Properties International, Ditch Witch Sales, Inc., et al.

Korte alleges the defendants failed to exercise due care in the design, testing, manufacturing, marketing and selling of the skid steer unit such that it would be reasonably safe for its intended use.

According to the complaint, the plaintiff alleges that on July 24, 2015, he was operating a mini skid steer unit he purchased form the defendants when his arm and body got stuck between a deck and the machine. 

As a result, Korte claims he suffered physical injuries, disfigurement, lost of earning capacity and medical expenses. 

The plaintiff alleges the defendants failed to have a fail-safe switch, failed to have sufficient room and/or clearance between the operating mechanism and the protective bar unit and failed to provide adequate warning to consumers or users of the dangers of hazards inherent in the of the unit.

The plaintiff requests a trial by jury and seeks judgment in an amount that is just and reasonable in excess of $50,000, for costs of suit, and any other relief the Court deems just and appropriate. 

He is represented by D. Jeffrey Ezra of Ezra & Associates, LLC in Collinsville.

Madison County Circuit Court case number 17-L-1043

EDWARDSVILLE — A pedestrian is suing a motorist for allegedly hitting her while she was walking in a parking lot.

Heather M. Carroll filed a complaint on July 17 in the Madison County Circuit Court against Thomas S. Hunter, alleging he failed to exercise due care to avoid colliding with a pedestrian.

According to the complaint, the plaintiff alleges that on Feb. 28, 2016, she was walking in a parking lot at George Street when she was struck by Hunter's vehicle. 

As a result, Carroll claims she suffered physical injuries, impairment and incurred medical expenses. 

The plaintiff alleges Hunter failed to keep a proper lookout, failed to yield to plaintiff's movement, failed to sound his horn to warn of his movements and operated his vehicle at an unreasonable speed.

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 and proper. 

She is represented by James M. Ruppert of Hassakis & Hassakis, PC in Mount Vernon.

Madison County Circuit Court case number 17-L-1016

EDWARDSVILLE — A woman claims she tripped and fell in the parking lot while exiting PetSmart.

Pamela M. Prosser filed a complaint on July 20 in the Madison County Circuit Court against The Glen Carbon Development, LLC; TKG Management, Inc. doing business as The Kroenke Group; Milan Green Management, LLC; The Management, Inc. and PetSmart, Inc., alleging the defendants failed to maintaining the parking lot in good condition to avoid the risk of harm to people on the property.

According to the complaint, the plaintiff alleges that on July 31, 2015, she was leaving the PetSmart store and was walking on the Cottonwood Plaza near the defendants' premises. She claims she tripped and fell from a hole in the parking lot while pushing her shopping cart towards a cart corral near her car. 

As a result, Prosser claims she sustained serious physical injuries, great pain, disability and became liable for medical care. 

The plaintiff alleges the defendants allowed a hazardous condition to be created in the parking lot, failed to perform appropriate maintenance and management of the parking lot to fix and prevent a hazardous condition and failed to warn of the hole or otherwise protect individuals of the hazardous condition.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $50,000, plus costs of suit, and for any other and further relief as equity and law may require. 

She is represented by Thomas J. Lech and Gregory R. Jones of Goldenberg Heller & Antognoli, PC in Edwardsville.

Madison County Circuit Court case number 17-L-001044

EDWARDSVILLE — A woman claims she was standing on the side running board of a vehicle when she was knocked off and injured.

Carrie L. Kessler filed a complaint on July 18 in the Madison County Circuit Court against Sarah M. Cheung, alleging the defendant failed to exercise reasonable care.

According to the complaint, the plaintiff claims that on July 20, she was standing on the passenger side running board of the defendant's vehicle when she was allegedly knocked off. 

As a result, Kessler suffered physical injuries, pain and suffering and medical expenses. 

The plaintiff alleges Cheung failed to operate her vehicle in a safe and controlled manner, failed to use every precaution to avoid a collision and failed to bring her vehicle safely to a stop.

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

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

Madison County Circuit Court case number 17-L-1018

BELLEVILLE — A passenger claims he was injured when the vehicle he was riding in was struck by a train.

Demetrius Williams filed a complaint on June 30 in the St. Clair County Circuit Court against Pamela M. Evans and Norfolk Southern Corporation, doing business as Norfolk Southern Railway Company, alleging they failed to operate their vehicle and train in a safe manner.

According to the complaint, the plaintiff alleges that on March 25, 2016, he was riding as a passenger in Evans' vehicle while on his way to work when he was struck by an oncoming train. 

As a result, Williams claims he suffered physical injuries, great pain and incurred medical bills. 

The plaintiff alleges the defendants failed to keep proper lookout on the tracks, failed to sound a warning in a timely manner and drove at a rate of speed not safe for the conditions.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $50,000 to reasonably compensate for injuries and lost wages sustained, costs and expenses incurred, and for other relief the court deems just and proper. 

He is represented by Steven S. Fluhr of Fluhr & Moore, LLC in St. Louis.

St. Clair County Circuit Court case number 17-L-349

EDWARDSVILLE — A passenger is suing a pickup truck driver for allegedly causing a crash on Illinois Route 162.

Brian Courtney filed a complaint on July 20 in the Madison County Circuit Court against Robert J. Portell, alleging the defendant failed to exercise ordinary care while operating his motor vehicle on the public highways.

According to the complaint, the plaintiff alleges that on July 24, 2015, he was a passenger in a Ford that was stopped on Illinois Route 162 while traveling westbound. He claims the van was struck from behind by Portell's GMC Sierra near the intersection with Vadalabene Drive. 

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

The plaintiff alleges the defendant failed to keep a proper lookout, failed to reduce the speed of his vehicle and followed a vehicle more closely than was reasonable and prudent.

The plaintiff requests a trial by jury and seeks judgment in an amount which will fairly and reasonably compensate him for the injuries and damages sustained, in an amount in excess of $50,000, plus costs of suit, and other relief deems proper. 

He is represented by James E. Prestley of Hausmann-McNally, SC in Rockford.

Madison County Circuit Court case number 17-L-001038

BELLEVILLE — A man is suing a holding company, citing alleged refusal to make payments.

Clyde E. Beimfohr filed a complaint on July 5 in the St. Clair County Circuit Court against Seville Holdings LLC and R. Adam Hill, alleging they failed to comply with the agreed contract of the Commercial Promissory Note.

According to the complaint, the plaintiff alleges that on Oct. 22, 2007, he loaned the defendant $200,000 and executed a Commercial Promissory Note stating the defendant will pay in four equal annual instalments of $50,000 a year that will commence a year after the date of the note at the rate of 12 percent per annum. 

The plaintiff alleges the defendants failed to make any payments of principal or interest amount, failed to pay the principal and interest under note within 10 days after the date of plaintiff's demand letter.

The plaintiff requests a trial by jury and seeks payment in the amount of $200,000 for the unpaid principal under the note, together with $228,000 of interest, plus attorneys' fees, costs, and expenses and such other relief as the court deems just and equitable. 

He is represented by Kurt S. Schroeder of Greensfelder, Hemker & Gale, PC in Belleville.

St. Clair County Circuit Court case number 17-L-352

BELLEVILLE — A passenger is suing a driver for allegedly falling asleep and crossing into oncoming traffic. 

Baileyann P. Cannon filed a complaint on July 3 in the St. Clair County Circuit Court against Beth A. Partelow alleging the defendant failed to keep her vehicle under control.

According to the complaint, the plaintiff alleges that on May 10, 2014, she was a passenger in a vehicle driven by the Partelow when the defendant crossed the center line of route 159 into oncoming traffic, side-swiping a tractor and colliding head-on with a truck. 

As a result, Cannon was air-lifted to Cardinal Glennon Hospital due to the severity of her injuries and suffered a brain injury. 

The plaintiff alleges Partelow failed to keep a proper lookout, failed to yield to oncoming traffic, crossed the center line when its unsafe to do so and fell asleep while driving.

The plaintiff requests a trial by jury and seeks judgment in a sum in excess of $50,000 plus cost of action, and other relief deems just and proper. 

She is represented by Stephen M. Kernan.

St. Clair County Circuit Court case number 17-L-353

EDWARDSVILLE – A woman alleges she was injured at a property owned by an Edwardsville church because the rear porch did not have a railing.

Esther Kacer filed a complaint on July 14 in Madison County Circuit Court against Church of Jesus Christ of Edwardsville, Illinois, alleging negligence.

According to the complaint, the plaintiff alleges that on Sept. 11, 2015, she was at an Edwardsville home owned by the church to conduct an evaluation of the property for a possible sale listing.

While there, the plaintiff allegedly fell off of the rear porch, which had no railing on the right side. 

As a result, Kacer claims she suffered physical injuries, disability and disfigurement and medical expenses. 

The plaintiff alleges the defendant failed to properly maintain the rear porch and failed to inspect the porch.

The plaintiff requests a trial by jury and seeks judgment for a sum of more than $50,000, for costs of suit, and for such other and further relief as the court deems just and proper. 

She is represented by John B. Raffaele of John B. Raffaele in Collinsville.

Madison County Circuit Court case number 17-L-1009

EDWARDSVILLE — A woman claims she was injured while a bouncer attempted to stop an altercation at Schlemer's Lounge.

Emily M. Love filed a complaint on July 18 in the Madison County Circuit Court against Mike Schlemer Inc., doing business as Schlemer's Lounge, and Ronald A. Walters, Jr., alleging they  failed to exercise reasonable care and supervision of the premises for the safety of the patrons.

According to the complaint, the plaintiff alleges that on July 19, 2015, she was pushed by a bouncer and fell to the ground as he attempted to stop a violent altercation between individuals. 

As a result, Love claims she suffered physical injuries, pain and incurred medical expenses. 

The plaintiff alleges the defendants failed to properly trains its employees in the proper and necessary procedures for the identification of unruly and dangerous patrons within the bar, failed to remove violent individuals from the premises and failed to provide a reasonable, safe environment for the invited patrons.

The plaintiff requests a trial by jury and seeks judgment for an amount in excess of $50,000, together with costs of suit, and such other further relief as the court may deem just and proper. 

She is represented by Craig J. Jensen of MeyerJensen, PC in Alton.

Madison County Circuit Court case number 17-L-1029

BELLEVILLE — A woman is suing a driver and the owners of Church's Chicken following a fatal collision involving a motorcycle.

Angel Whaley, as special administrator for the estate of Brittany Belle Johnson, deceased, filed a complaint on July 10 in the St. Clair County Circuit Court against Rita Sue Friedman, as trustee of the Joseph H. Lerner Non-Martital Trust, Linda T. Williams, as trustee of the Linda T. Williams Generation Skipping Trust, et al., alleging they violated the Illinois Wrongful Death Act.

According to the complaint, the plaintiff alleges that on July 9, 2015, Johnson was a passenger on a Harley Davidson motorcycle and was exiting the parking lot of Church's Chicken. The motorcycle allegedly collided with Freeman's vehicle. Johnson died as a result of her injuries. 

The plaintiff claims that decedent's untimely death was due a limited space of the parking lot. 

The plaintiff alleges the defendants made no signs, placards, or warning of any type to direct people who park in the four spaces to avoid backing their vehicles onto the Westbound lane of North Belt West. She also alleges the defendants failed to provide an appropriate aisle or driveway to allow access to or regress from the premises.

The plaintiff requests a trial by jury and seeks judgment in an amount greater than $75,000, plus costs of suit, and any other further relief the court deems just and proper. 

She is represented by Jeffrey S. Hammel of Jeffrey S. Hammel in Belleville.

St. Clair County Circuit Court case number 17-L-360

BELLEVILLE — A motorist is suing a truck driver for allegedly causing a collision in I-255.

Cortez Nunn filed a complaint on July 13 in the St. Clair County Circuit Court against Nicholas A. Mitra, alleging the defendant failed to exercise due care while operating his vehicle.

According to the complaint, the plaintiff alleges that on May 5, 2016, he was driving his 2003 Saturn southbound on I-255 at or near mile post 23.2 when the defendant allegedly crashed his 1999 Dodge Dakota truck into the plaintiff's vehicle. 

As a result, Nunn claims he suffered physical injuries, hindering him from attending to his usual duties, and incurred medical expenses. 

The plaintiff alleges Mitra drove his truck at a speed greater than was reasonable and proper, failed to apply his brakes in sufficient time so as to avoid colliding with the vehicle and failed to keep proper lookout ahead for other vehicles.

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

He is represented by Philip R. Rice of Rice Law Offices, LTD in Belleville.

St. Clair County Circuit Court case number 17-L-365

A horse training facility and its operators seek to transfer a man’s suit alleging he fell from a spooked horse to Madison County Circuit Court.

Alton Greenough Jr. filed the complaint on April 24 against Gordon Gubin, individually and doing business as Classic Acres, and Barbara Gubin.

The defendants filed a motion to transfer venue on June 16 through attorney Christopher Bortz of Neville, Richards & Wuller LLC in Belleville.

They claim the alleged negligent conduct occurred in Madison County, where the defendants reside.

“At no time, did any of the alleged conduct occur in, nor did any of the parties reside in St. Clair County, Illinois,” the motion states.

A motion hearing is scheduled for Aug. 8 at 9 a.m.

According to the complaint, Greenough alleges he was riding a horse at the defendants’ arena on Sept. 16, 2015, when suddenly and without warning Gordon Gubin drove a vehicle into the arena.

Greenough claims Gubin spooked the horse he was riding. He was allegedly thrown from the horse, which landed on top of him.

Greenough alleges the defendants negligently provided a vehicle that was too loud for use inside the arena.

The plaintiff seeks a judgment of more than $50,000, plus court costs.

He is represented by Mark S. Schuver of Mathis, Marifan & Richter Ltd. in Belleville.

St. Clair County Circuit Court case number 17-L-215

A Madison County jury returned a defense verdict in favor of Fast Eddie’s Bon Air in a woman’s personal injury suit alleging she tripped on an unmarked curb.

The jury reached the defense verdict on July 20 in Madison County Circuit Judge William Mudge’s courtroom.

Trial began on July 18.

Plaintiffs Cleda and George Chestnut were represented in the case by Brian Wendler of Wendler Law PC in Edwardsville.

Fast Eddie’s was represented by James Leritz of Leritz, Plunkert and Bruning PC in St. Louis.

In her March 2014 complaint, Cleda Chestnut claimed she was a customer at Fast Eddie’s on Sept. 29, 2013, when she allegedly tripped and fell while walking on the enclosed street on the defendant’s Alton premises.

She alleged the street contained unmarked curbs and did not have transgression ramps from the pavement surface to the sidewalk.

She accused the defendant of failing to warn of the alleged dangerous conditions.

The plaintiffs sought a judgment of more than $50,000 each.

Fast Eddie’s denied liability, arguing that Chestnut contributed to her own injuries by failing to keep a proper lookout; failing to insure her own safety; failing to take adequate precautions to protect herself while in an unfamiliar area; and negligently walking on an area that was uneven, rough and dark.

Fast Eddie's also argued that the condition was open and obvious.

The defendant sought summary judgment on Oct. 30, 2015.

“Whether a dangerous condition is open and obvious is determined by the objective knowledge of a reasonable person, not the plaintiff’s subjective knowledge,” the motion stated.

“Based on the deposition testimony of Plaintiffs, Plaintiffs’ witnesses and Plaintiffs’ expert and looking at the circumstances objectively, it is clear that a reasonable person in Mrs. Chestnut’s position, exercising ordinary perception, intelligence and judgment, would have avoided the open and obvious hazard posed by the step,” it continued.

Mudge took the motion for summary judgment under advisement on Jan. 28, 2016. He ordered the defendant to produce additional photographs and ordered the plaintiffs to produce a copy of Eddie Sholar’s deposition.

On Nov. 28, 2016, Mudge entered an order requiring the parties to mediate.

The Chestnuts filed a motion to enforce the mediation order on Jan. 12, arguing that after Mudge ordered mediation, the defendant failed to respond to emails.

Then the defendant requested a settlement demand. The plaintiffs allegedly reminded Fast Eddies of the need to comply with the mediation order.

The defendant did not respond.

Mudge granted the motion that same day and appointed retired judge Daniel Stack to mediate the case.

However, Jan. 25, Mudge set the case for trial.

Then on April 20, Mudge entered an order stating, “By agreement of the parties the Court’s prior Order appointing Hon. Daniel Stack as mediator does not preclude the parties from agreeing to mediation with a different mediator.”

Nothing further on the topic appears on the record.

Madison County Circuit Court case number 14-L-403