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Government consolidation gains momentum, but there's more to be done

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Illinois lawmakers are buckling under immense pressure to reduce the number of local governments across the state, which are a driver of the nation’s highest property taxes. But there’s more to be done.

On Aug. 14 Gov. Rauner signed House Bill 607, now Public Act 100-0106, into law.

HB 607 would allow township boards to submit to voters a referendum to abolish township road districts and for the township to absorb the responsibilities.

This, in conjunction with the recently signed Senate Bill 3, is a small but positive step in the right direction toward reducing the number of redundant layers of government in Illinois, and providing property tax relief to taxpayers. However, there is more work that needs to be done for consolidating units of local government.

Lawmakers should continue to increase taxpayer involvement in local government consolidation. These new consolidation measures only allow for consolidation to be initiated from township boards, which does not give taxpayers any more say in the process. Since it is unlikely that township boards will initiate consolidation, taxpayers need to be given the ability to initiate consolidation themselves.

The next steps should include reforms allowing residents to start a petition for consolidation, which can then be submitted to voters as a referendum question asking if they would like the township to be consolidated or dissolved. Additionally, lawmakers should give municipalities the ability to initiate a consolidation referendum. These are important steps to reducing the burdensome number of governments in Illinois, which has caused Illinoisans to suffer high property taxes.

In fact, Illinois has nearly 7,000 units of local government – more than any other state in the nation – and each of these units of government adds to Illinois’ high tax burden. The average Illinois resident lives under six layers of government, which in addition to townships and road districts could include a city, school district and any other special taxing district, such as a library district or a park district. Some areas have even more layers of government.

What’s worse is that often times these multiple layers of government are duplicative and do not provide any more value to residents. Consolidating could save taxpayer money by allowing services to be taken up by other units of government, such as the county, and eliminating additional overhead and administrative costs.

Since property taxes are the main source of funding for local governments, and with so many government entities, it’s no wonder Illinois has some of the highest property taxes in the nation.

Illinois residents need continued action from lawmakers to make government more efficient and less costly, while helping to bring property tax bills in line with what taxpayers can afford.


Fired Intergovernmental Grants Department worker ordered to amend complaint in St. Clair County suit

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EAST ST. LOUIS – A fired St. Clair County Intergovernmental Grants Department worker has until Aug. 24 to amend her complaint pending in federal court in East St. Louis.

U.S. District Judge David Herndon on Aug. 9 ordered Roshanda Peppers to file a more definite statement in her suit claiming she was terminated for speaking out about discrimination by former supervisors.

Her suit names St. Clair County, Debra Moore and Frank Bergmann as defendants.

Herndon cited a federal law that stipulates a “party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response.”

All three defendants filed motions in district court on June 29, seeking a more definite statement spelling out what each of them is being accused of by Peppers.  

According to media reports on Peppers allegations, the U.S. Department of Labor in 2013 started investigating claims that St. Clair County employees discriminated against disabled residents and ultimately punished whistle-blowers who spoke out about the alleged acts.

The St. Clair County grants department oversees federal funds meant to provide job placement assistance and worker training in St. Clair, Monroe, Washington, Randolph and Clinton counties.

Court remands case against Bayer over alleged Essure damages back to Madison County

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BENTON – A district court in Illinois has granted a plaintiff’s request that a lawsuit against drug giant Bayer be remanded back to Madison County Circuit Court.

The plaintiffs had requested the case be remanded from federal court in East St. Louis as they claim the district court lacks jurisdiction for the case.

Despite Bayer’s opposition to the motion, U.S. District Judge Staci Yandle granted the request.

The case involves 86 individual plaintiffs from 22 states. The court order notes that Bayer Corp. is based in Indiana and Pennsylvania while Bayer Essure Inc. and Bayer Healthcare Pharmaceuticals were both based in Delaware and New Jersey.

The plaintiffs allege injuries resulting from the defendant’s Essure product. The product was developed as a permanent type of birth control for women. 

Yandle noted that the court had previously handled a similar case in 2016, Rio v. Bayer Corp. 

The defendants had moved to dismiss and to sever non-diverse parties from the case, according to the court order.

“Defendants do not deny that complete diversity is lacking," the order states. "Rather, they argue that this court nonetheless has diversity jurisdiction because the out-of-state plaintiffs’ claims should be dismissed for lack of personal jurisdiction or under the doctrine of forum non conveniens.” 

The defendants argued that out-of-state plaintiffs were “fraudulently joined or procedurally misjoined” to the case. 

To successfully challenge the motion, the defendants needed to prove that a federal statute grants the court jurisdiction or that common law jurisdiction to a "uniquely federal interest" would be hindered by state law application, the order states.

In the end, the court concluded that it lacked jurisdiction over the case.

“Because this court lacks subject matter jurisdiction over this matter, it is obligated pursuant to 28 USC § 1447(c), to remand the case back to Circuit Court of the Third Judicial Circuit, Madison County,” the order states.

Preliminary settlement reached in class action between Roxana residents, Shell

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BENTON – The U.S. District Court for the Southern District of Illinois recently issued a preliminary order of approval for the settlement of a class action lawsuit between residents of Roxana and Shell Oil Co.

This is indicative that the parties have agreed to, at the very least, the basic terms of a settlement.

The order, issued Aug. 2 in response to the plaintiff’s unopposed motion for preliminary approval of class settlement, also outlines the terms of the suit, such as who may be included in the class and class representation.

Judge Nancy J. Rosenstengel appointed plaintiff Jeana Parko as class representative and appointed Chicago law firm Simmons Hanly Conroy as counsel for the class. Rust Consulting’s Tiffaney Janowicz was appointed as neutral arbitrator.  

Additionally, the class size was limited to all those people who reside within the Illinois Environmental Protection Agency area of study, which is described as an area bordered by South Central Avenue, Rand Avenue and South Chaffer Avenue.

Furthermore, Rosenstengel designated “all persons who own or owned or occupy or occupied real property in the village of Roxana, Illinois, within the settlement area, during the settlement time period, regardless of whether or not they file a claim form in accordance with the procedures set forth in the agreements,” as accepted in the class.

The final approval hearing is set to be held before Dec. 18 at 9:30 a.m., at which time the court will determine if the specific terms of the settlement are indeed fair.

The lawsuit was filed by Roxana residents who claim leaked chemicals from a local Shell refinery have entered their drinking water and caused them health problems, including cancer.  

Claims of negligence, trespass, public nuisance, private nuisance and unjust enrichment were filed. In addition to Shell, the companies Equilon Enterprises, ConocoPhillips, WRB Refining, ConocoPhilips WRB Partners and Cenovus GPCO were also mentioned in the suit.

Compensatory damages in the amount of $250,000 were initially sought, in addition to other costs and relief. A medical monitoring program was also desired in order to track the plaintiff’s health.  

Court upholds IEPA's denial of landfill post-closure certification after site found still to contain contaminants

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MOUNT VERNON – The Fifth District Appellate Court has affirmed an independent Illinois Pollution Control Board’s decision stipulating that regulations require extension of a sanitary landfill’s post-closure upkeep beyond 15 years if the possibility of a future violation still exists.

The action was for an administrative review of a final decision and order from the Illinois Pollution Control Board.

According to the court's order, D&L Landfill applied for certification from the Illinois Environmental Protection Agency (IEPA), stipulating that it had completed post-closure care of a sanitary landfill. After the IEPA denied the petition due to groundwater beneath the site still containing levels of contaminants that exceeded levels permitted by the board's groundwater quality regulations, D&L appealed to the board for summary judgment on the grounds it is only legally obligated to provide monitoring for the landfill for 15 years.

D&L representatives added that no specific amendment states that post-closure care extends beyond that time frame, specifically pointing to regulations that have directly extended the post-closure care period for new landfills that remained open past 1994 as prime evidence for its position.  

In rendering its decision, the court ruled that “D&L's interpretation is inconsistent with the (Illinois Environmental Protection) Act's purposes and fails to harmonize the statutory provisions relating to post-closure care. Construing the Act liberally to effectuate its purposes, we decline to interpret section 22.17 (a) as narrowly as D&L suggests.”

The court also asserted that it agrees with the board’s finding that it is possible to violate sections of the law even if the facility has ceased accepting waste material on site.

The Fifth District’s ruling was delivered by Justice Thomas M. Welch with Justice David K. Overstreet concurring.

Created in 1970 by the Environmental Protection Act, the Illinois Pollution Control Board is entrusted with adopting the state’s environmental regulations and deciding contested cases whenever they bubble to the surface.  

Dooley loses appeal regarding sexually violent status at Fifth District

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MOUNT VERNON – A man who had been convicted of molesting children, has lost an appeal at the Fifth District Appellate Court that challenged an order that found him to be a sexually violent person with commitment to a secure facility.

The case of The State of Illinois v. Charles Dooley was appealed from Madison County Circuit Court. 

Justice Richard Goldenhersh delivered the court’s judgment. The circuit court had appointed an attorney to represent Dooley but the appellate court allowed him to withdraw.

In April 2005, Dooley pleaded guilty to aggravated criminal sexual abuse in Madison County. In 2008, the state of Illinois filed a petition alleging that Dooley was a sexually violent person. That petition began this appeal. 

According to the order filed in the Illinois appellate court in this case on Aug. 2, “The state's petition also alleged that respondent had two mental disorders, specifically, (1) pedophilia, nonexclusive, and (2) personality disorder, not otherwise specified, with antisocial traits. The petition further alleged that respondent was a danger to others because his mental disorders created a substantial probability that he would engage in acts of sexual violence.”

In March 2015, after many continuances, the case went to a jury trial, the court order states. The issue was whether Dooley was a sexually violent person. Two expert witnesses, Dr. Martha Bellew-Smith of Wexford Health Services and Dr. Richard Travis of Department of Human Services, were called by the state of Illinois. They both examined Dooley and his file. Dr. Bellew-Smith also interviewed him in 2008. Both doctors testified as to Dooley’s lengthy history of sexually abusing children, according to the order..

Bellew-Smith testified that Dooley was, to a reasonable degree of psychological certainty, a sexually violent person. As stated in the court’s order, Dooley (referred to as Respondent) met all three criteria for that designation because: “(1) respondent had been convicted of a sexually violent offense, (2) respondent suffered from a mental disorder as defined by the (Sexually Violent Persons Commitment Act) SVP Act, and (3) respondent's mental disorder created a substantial probability that respondent would engage in future acts of sexual violence.” 

Travis testified that Dooley’s past treatment as an outpatient had failed and he needed treatment in a secure facility. 

The court’s order, stated “The evidence strongly favored institutional care in a secure facility, rather than conditional release, as the appropriate placement for respondent. The circuit court's commitment order was certainly not an abuse of discretion.”

Former Alton police officer convicted of theft loses fight to order internal affairs investigation

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MOUNT VERNON – Former Alton Illinois police officer Mickey Dooley, convicted of theft 10 years ago, has lost his chance to get his former employer to do an internal investigation into the allegedly false evidence that sent him to prison.

The lower court order dismissing Dooley’s mandamus complaint was affirmed Aug. 4 when the appellate court decided that Dooley failed to demonstrate he had a clear legal right to mandamus relief. Mandamus is an "order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion," according to the Wex legal dictionary.

According to suit decided in 2009 by the U.S. District Court of Appeals for the 7th Circuit, Dooley was a police evidence officer in Alton when a 2007 internal audit revealed money and other items were missing from the evidence vault. Dooley’s employment with the police department was terminated in July 2007.

When the FBI started investigating Dooley, the 7th District Court's ruling states the FBI discovered he was deeply in debt and owed tens of thousands of dollars to the Internal Revenue Service and also had recently lost more than $48,000 while gambling at the Alton Belle Casino.

In 2008, 7th District Court ruling states Dooley was convicted of theft and wire fraud. Money he allegedly stole included $18,500 from a bank robbery and $4,000 from a credit union robbery, and a laptop computer from the home of a suspect. Dooley was sentenced to 10 years in federal prison for theft and wire fraud. The wire fraud charges were subsequently dismissed.

Dooley maintained his innocence throughout the process.

In 2015, without the help of a lawyer, Dooley filed a complaint in Circuit Court of Madison County asking for mandamus relief because he claimed that Alton police officer Michael Bazzell had “manufactured false evidence” which had led to his conviction, according to the appellate court's order. Dooley also claimed that Alton Police Chief Jason Simmons had ignored his request for an internal affairs investigation. 

Because Bazzell was no longer employed by the police department, Simmons declined to investigate and Dooley filed the complaint asking for the internal investigation, the order states. In his response, Simmons said there was no need for another internal investigation since the FBI had investigated, and “...mandamus relief was not available, since the requested relief involved a discretionary act, rather than a ministerial act,” the order states.

Madison County Circuit Court dismissed the mandamus complaint in October 2015. 

In its order, the appellate court notes that Dooley failed to establish that he had a clear legal right to request the police chief to order an internal investigation and that he did not rely on any statute, local ordinance or resolution to establish a legal right to relief.

“Instead, plaintiff relied solely on the Alton police department's 'policy manual' and 'rules and regulations,'" the order states. "However, as section 150.04 of the 'rules and regulations' made explicit, these compilations of rules, etc., were nothing more than general orders issued by Chief Simmons himself, as a means of guiding the internal functioning of the police department he heads.”

Therefore the appellate court upheld the lower court’s ruling dismissing the mandamus complaint.

Preliminary settlement reached in class action between Roxana residents, Shell Oil

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BENTON – The U.S. District Court for the Southern District of Illinois recently issued a preliminary order of approval for the settlement of a class action lawsuit between residents of Roxana and Shell Oil Co.

This is indicative that the parties have agreed to, at the very least, the basic terms of a settlement.

The order, issued Aug. 2 in response to the plaintiff’s unopposed motion for preliminary approval of class settlement, also outlines the terms of the suit, such as who may be included in the class and class representation.

Judge Nancy J. Rosenstengel appointed plaintiff Jeana Parko as class representative and appointed Chicago law firm Simmons Hanly Conroy as counsel for the class. Rust Consulting’s Tiffaney Janowicz was appointed as neutral arbitrator.  

Additionally, the class size was limited to all those people who reside within the Illinois Environmental Protection Agency area of study, which is described as an area bordered by South Central Avenue, Rand Avenue and South Chaffer Avenue.

Furthermore, Rosenstengel designated “all persons who own or owned or occupy or occupied real property in the village of Roxana, Illinois, within the settlement area, during the settlement time period, regardless of whether or not they file a claim form in accordance with the procedures set forth in the agreements,” as accepted in the class.

The final approval hearing is set to be held before Dec. 18 at 9:30 a.m., at which time the court will determine if the specific terms of the settlement are indeed fair.

The lawsuit was filed by Roxana residents who claim leaked chemicals from a local Shell refinery have entered their drinking water and caused them health problems, including cancer.  

Claims of negligence, trespass, public nuisance, private nuisance and unjust enrichment were filed. In addition to Shell, the companies Equilon Enterprises, ConocoPhillips, WRB Refining, ConocoPhilips WRB Partners and Cenovus GPCO were also mentioned in the suit.

Compensatory damages in the amount of $250,000 were initially sought, in addition to other costs and relief. A medical monitoring program was also desired in order to track the plaintiff’s health.  


Madison County foreclosures Aug. 7-15

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AUGUST 9

US BANK V JOYCE PAVIA, $99,923.91, 300 SPRINGFIELD DR, GRANITE CITY. 17CH499

SECOND CHANCE LIBERTY LLC V ROBERT AND SHIRLEY TORREZ, $75,518.05, 2945 HILLCREST AVENUE, ALTON. 17CH500

US BANK V JAY HANSON, $100,981.65, 5001 EAST VICTOR DRIVE, GODFREY. 17CH501

AUGUST 10

US BANK V DEBRA FARLEY AND PAULETTA HILL, $35,037.11, 208 GOULDING ST, EAST ALTON. 17CH502

AUGUST 11

DITECH FINANCIAL V ANDREW GALLOWAY, $20,917.27, 209 STAUNTON ROAD, TROY. 17CH503

WELLS FARGO BANK V TRACY AND TIMOTHY WHITFORD, $129,487.23, 2858 GRAND AVENUE, GRANITE CITY. 17CH504

LAKEVIEW LOAN SERVICING LLC V ERIC AND TALLEY WEHRLE, $111,237.23, 500 BETHANY LANE, GODFREY. 17CH505

AUGUST 14

WELLS FARGO BANK V MEYER AND AUDREY WISEMAN, $73,525.68, 411 SPENCER STREET, BETHALTO. 17CH506

BAYVIEW SERVICING LLC V CHRISTOPHER REEVES, $23,147.01, 2425 CLEVELAND BLVD, GRANITE CITY. 17CH507

AUGUST 15

WELLS FARGO BANK V DAVID AND CRYSTAL MISKELLY, $58,144.71, 1529 GARFIELD AVENUE, GRANITE CITY. 17CH508

BANK OF AMERICA V ROBERT THORNTON, $43,349.57, 112 EAST MAIN, EAST ALTON. 17CH509

St. Clair County foreclosures July 27-Aug. 17

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JULY 27

REGIONS BANK V BEVERLY A CALVIRD, $21,728.31, 700 NORTH 2ND STREET, DUPO. 17CH482

NATIONS DIRECT MORTGAGE, LLC V KELLYE ZEIGER, $157,282.35, 216 JAN DR, SMITHTON. 17CH479

AUGUST 7

FANNIE MAE V KENT AND REBECCA HOLLANSWORTH, $199,416.14 , 5157 LIVE OAK, SMITHTON. 17CH498

OCWEN LOAN SERVICING, LLC V BRIAN A GOSS, $189,709.73, 9924 DEBENTROY ST, LEBANON. 17CH499

AUGUST 8

JP MORGAN CHASE BANK V CHARLES COATES, $104,762.16, 21 CLARK DR, FAIRVIEW HEIGHTS. 17CH501

CENTRAL BANK OF ST. LOUIS V GERALD L. PAULIE, $39,124.61, 407 S JEFFERSON ST, MILLSTADT. 17CH500

AUGUST 9

OCWENT LOAN SERVICING, LLC V KAREN BRUNS, $42,220.25, 509 S 23RD ST, BELLEVILLE. 17CH506

AUGUST 14

DEUTSCHE BANK NATIONAL TRUST V ANGELA LANDON, $156,731.0, 33 POTOMAC DRIVE, FAIRVIEW HEIGHTS. 17CH513

AUGUST 17

US BANK V JEROME O. HEMMER, $146,035.89, 21 FOURSCORE DRIVE, BELLEVILLE. 17CH519

Injury case against Bass Pro over allegedly defective boat seat dismissed

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EAST ST. LOUIS – The U.S. District Court for the Southern District of Illinois has dismissed a case with prejudice involving a man who sought $6 million for alleged damages caused by the seat on a fishing boat.

Creal Springs resident Richard Hubert filed a complaint against Bass Pro Outdoor World LLC, which owns the fishing, hunting and camping gear retailer Bass Pro Inc., on Jan. 16, 2015. The complaint stated that Hubert bought a Bass Pro's Tourney Special High Back Seat and that on May 15, 2013, while on the Lake of Egypt, the boat seat he purchased "overextended and broke," which allegedly caused him to flip backward and hit the back of his head and body.

Hubert claimed that while the defendants "had a duty to design, manufacture, distribute and sell the seat so that it was neither defective nor unreasonably dangerous when put to the use for which it was designed, manufactured, distributed and sold," the seat was unreasonably dangerous due to being "defectively designed," "defectively manufactured," and "contain[ing] insufficient warnings to users of the boat seat of the dangers associated with the use of the seat."

The complaint alleged that the seat incident caused Hubert to "sustain severe and permanent injuries, be hindered and prevented from attending to his usual duties and affairs of life, lose the value of that time as aforementioned, expend large sums of money endeavoring to be cured and healed of said injuries, will in the future suffer, great pain and anguish from said injuries and will continue to suffer pain and mental and emotional distress, loss of income, loss of earning capacity; and be reasonably certain to incur future medical expense."

Hubert demanded a jury trial and a judgment of $6 million from the defendants in order to compensate him for the losses allegedly brought on by his injuries.

On Aug. 8, the district court dismissed the action with prejudice, meaning the plaintiff is barred from bringing another action on the same claim.

Woman alleges she tripped on unmarked Charter Communications cable, was injured

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BELLEVILLE – An employee of a Clinton County business alleges she was injured because of an unmarked cable.  

Carolyn Robben filed a complaint on July 28 in the St. Clair County Circuit Court against Charter Communications LLC alleging negligence.

According to the complaint, the plaintiff alleges that on March 11, she was injured while working at Frank's Corner Kitchen when she tripped on a loose cable that was placed there by an employee of defendant and was injured.

The plaintiff holds Charter Communications LLC responsible because the defendant's employee allegedly failed to mark the cable to alert people of its presence.

The plaintiff seeks an order requiring defendant to respond to this complaint within 28 days. She is represented by J. Michael Weilmunster and Thomas G. Zurliene of Weilmuenster & Keck PC in Belleville.

St. Clair County Circuit Court case number 17-MR-222

Woman alleges cancer was caused by asbestos exposure from Armstrong Pumps Inc., others' products

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BELLEVILLE – A woman alleges that her lung cancer was caused by asbestos exposure during her career.

Sonia Harrison filed a complaint on Aug. 8 in the St. Clair County Circuit Court against the Armstrong Pumps Inc., BMI Refractory Services Inc., Cleaver-Brooks, Cooper Industries LLC, et al. alleging negligence.

According to the complaint, the plaintiff alleges that during her employment from 1973 to 2008, she was exposed to and inhaled asbestos fibers from certain products manufactured, sold, distributed or installed by defendants. As a result, she alleges she was diagnosed with lung cancer on Aug. 24, 2015, an asbestos-induced disease. 

The plaintiff holds Armstrong Pumps Inc., BMI Refractory, Cleaver-Brooks, Cooper Industries LLC, et al. responsible because the defendants allegedly negligently included asbestos fibers in their products when adequate substitutes were available and failed to provide adequate warnings and instructions concerning the dangers of working with or around products containing asbestos fibers.

The plaintiff seeks damages of more than $50,000 from the defendants. She is represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 17-L-429

Arvinmeritor Inc., BWDAC Inc. named in suit by man who alleges products caused cancer

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BELLEVILLE – A man alleges his exposure to asbestos during his nearly 50-year career caused lung cancer.

Donald Radsick and Joanne Radsick filed a complaint on Aug. 7 in the St. Clair County Circuit Court against Arvinmeritor Inc., BWDAC Inc., Certain-Teed Corp., Crane Co., et al. alleging negligence.

According to the complaint, the plaintiffs allege that during plaintiff Donald Radsick's employment from 1963 to 2011, he was exposed to and inhaled asbestos fibers from certain products manufactured, sold, distributed or installed by defendants. As a result, the suit states he was diagnosed lung cancer on May 10, an asbestos-induced disease. 

The plaintiffs holds Arvinmeritor Inc., BWDAC Inc., Certain-Teed Corp., Crane Co., et al. responsible because the defendants allegedly negligently included asbestos fibers in their products when adequate substitutes were available and failed to provide adequate warnings and instructions concerning the dangers of working with or around products containing asbestos fibers.

The plaintiffs seek judgment against the defendants of more than $50,000. They are represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 17-L-428

Former Pullman Standard employee alleges asbestos exposure caused cancer

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BELLEVILLE – A couple has filed suit against several manufacturers over allegations that the husband now has lung cancer because of exposure to asbestos.

Charles Reach and Elizabeth Reach filed a complaint on Aug. 8 in the St. Clair County Circuit Court against Armstrong Pumps Inc., Aurora Pump Co., Borg-Warner Morse TEC LLC, CBS Corp., et al alleging negligence.

According to the complaint, the plaintiffs allege that during plaintiff Charles Reach's employment from 1964 to 1980 as a welder at Pullman Standard, he was exposed to and inhaled asbestos fibers from certain products manufactured, sold, distributed or installed by defendants. As a result, he was diagnosed with lung cancer in March 2, 2017, an asbestos-induced disease, the suit states. 

The plaintiffs holds Armstrong Pumps Inc., Aurora Pump Co., Borg-Warner Morse TEC LLC, CBS Corp., et al. responsible because the defendants allegedly negligently included asbestos fibers in their products when adequate substitutes were available and failed to provide adequate warnings and instructions concerning the dangers of working with or around products containing asbestos fibers.

The plaintiffs request a trial by jury and seek judgment against the defendants of more than $50,000, which they allege will fairly and reasonably compensate for the injuries. They are represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 17-L-432


Consumer alleges Unique Insurance Co. failed to settle insurance claim

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BELLEVILLE – A motorist alleges that his insurance has failed to settle his claim for uninsured motorist benefits.

Robert L. Brown filed a complaint on Aug. 8 in the St. Clair County Circuit Court against Unique Insurance Co. alleging that the licensed insurer failed to comply with the terms of the insurance policy.

According to the complaint, the plaintiff alleges that on Jan. 15, 2017, he suffered injuries and damages when he was involved in motor vehicle accident negligently caused by an uninsured motorist. The suit states that the plaintiff had insurance through the defendant at the time of the incident, which included uninsured motorist coverage.

The plaintiff alleges he demanded arbitration pursuant to the terms of his insurance policy five times from February to June and also demanded a certified copy of his policy, but the defendant has failed to respond to these demands. He alleges the defendant has failed and refused to tender an offer of the policy limits to settle his claim.

The plaintiff requests a trial by jury and seeks judgment against defendant, attorney's fees and costs for this action and any further relief that the court may deem equitable. He is represented by Kevin Boyne of Kevin Boyne PC in Belleville.

St. Clair County Circuit Court case number 17-L-425

Man files suit against Beazer Inc., others over alleged asbestos exposure

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BELLEVILLE – A man formerly employed by Island Creek Coal Co. and National Steel Corp./U.S. Steel alleges exposure to asbestos at these locations caused him to develop lung cancer.

Roy Colegrove and Sherrie Colegrove filed a complaint on Aug. 10 in the St. Clair County Circuit Court against AK Steel Corp., Armstrong International Inc., Beazer Inc., et al. alleging negligence.

According to the complaint, the plaintiffs allege that during Roy Colegrove's career from 1969 to 2003, he was exposed to and inhaled asbestos fibers from certain products manufactured, sold, distributed or installed by defendants. As a result, the suit states he was diagnosed with lung cancer on May 5, 2017, an asbestos-induced disease. 

The plaintiffs holds AK Steel Corp., Armstrong International Inc., Beazer Inc., et al. responsible because the defendants allegedly negligently included asbestos fibers in their products when adequate substitutes were available and failed to provide adequate warnings and instructions concerning the dangers of working with or around products containing asbestos fibers.

The plaintiffs seek economic damages of more than $50,000, costs of this suit and all other remedies allowed by law. They are represented by Randi L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 17-L-440

Pedestrian seeks damages after being struck by motorist on Route 157

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BELLEVILLE – A pedestrian has filed suit against a driver after he was struck while walking along a road in Caseyville.

Matthew Pope filed a complaint on Aug. 2 in the St. Clair County Circuit Court against Carissa M. Watt alleging negligence.

According to the complaint, the plaintiff alleges that on Nov. 10, 2016, he was a pedestrian standing and/or walking on Route 157 near its intersection with Baden Road when he was hit by defendant Watt's vehicle. As a result, Pope claims he suffered severe physical injuries and incurred significant medical expenses. 

The plaintiff holds Watt responsible because the defendant allegedly failed to keep a proper lookout for other persons then and there rightly on and/or adjacent to said roadway, failed to give warning by sounding of her horn and operated vehicle at an excessive rate of speed.

The plaintiff seeks judgment in a sum in excess of $50,000, plus his costs of suit and any other further relief the court deems just. He is represented by Bruce E. Mattea and William A. Boker III of The Mattea Law Firm in Collinsville.

St. Clair County Circuit court case number 17-L-415

Minor child sues daycare facility over broken femur

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EDWARDSVILLE — A minor child is suing Five Star Learning Centers, a daycare facility, after she allegedly suffered a broken femur when another child collided with her.

Madison Miller filed a complaint on Aug. 16, in the Madison County Circuit Court against Five Star Learning Centers, alleging the daycare facility breached its duty to provide a safe environment for children playing at the premises.

According to the complaint, the child alleges that on June 1, 2016, she was injured while in the defendant's care when a larger and heavier child collided with her at the bottom of an outdoor inflatable slide. She was two-years old at the time of the alleged incident. 

As a result, the girl allegedly suffered a broken femur resulting in great pain and suffering. 

The plaintiff alleges Five Star Learning Centers negligently allowed the children to engage in an activity without separating them according to size, age and physical capacity. She also alleges she was forced to attempt to stand on her broken femur several times before staff realized the extent of her injuries. 

The plaintiff seeks damages in an amount that the court may deem just and proper and any further relief as the court finds equitable. 

She is represented by Jeremy W. Sackett of Swanson and Sackett PC in Edwardsville.

Madison County Circuit Court Case number 17-L-1167


St. Clair County real estate July 28-Aug. 2

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JULY 28

BELLEVILLE

$15,300 -22 CONCORD DRIVE-SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO SAMANTHA L KUEHN

$158,000 -126 RIO VERDE DRIVE-PAMELA PERDUE TO WILLIE AND SHIRLEY VAUGHN

$245,000 -108 GREENBRIAR DRIVE -BROKERING LIVING TRUST TO AARON AND RACHAEL COLEMAN

CAHOKIA

$15,000 -1613 ANDREWS DRIVE-INSIDER'S CASH, LLC TO SAINT LOUIS INVESTMENTS, LLC

COLLINSVILLE

$157,000 -916 SOUTHWIND COURT-MATTHEW AND MELISSA BLANKENSHIP TO MARIE STONE

CENTREVILLE

$3,000-5119 STERLING AVE-ILLNOIS DEPARTMENT OF TRANSPORTATION TO MICHELLE JOHNSON

EAST CARONDELET

$76,900 -2407 OLD STATE ROUTE 3-CARL AND LORETTA GOLD TO JEFFREY J PARKS

FAIRMONT CITY

$40,000 -3809 COOKSON ROAD-BARBARA AND RONALD MITCHELL TO ELVIA C MENDOZA

FAIRVIEW HEIGHS

$144,000 -208 PAMONA DRIVE-ESTATE OF JOHN J. DRISCOLL, III TO ANTHONY BROWN AND CHARITA SMITH-BROWN

FREEBURG

$42,790 -129 TALL MAPLE CT-JOHN AND CARRIE HARRYMAN TO TOMAS A ROGERS AND TAMARA D THOUVENOT

$299,000 -133 TALL MAPLE CT-JOHN AND CARRIE HARRYMAN TO GREGORY OLDAKER

MARISSA

$300.00 -702 S. GRACE-VILLAGE OF MARISSA TO JACOB AND MARLENE EASTON

MASCOUTAH

$216,500 -906 DERE BERE DRIVE-MIDWEST HOUSING, LLC TO ERIC AND BRANDI SMITH

O’FALLON

$278,500 -1785 BENTWATER LANE-GREGORY AND MICHELLE ONEAL TO WILLIE AND SHIRLEY VAUGHN

$132,500 -216 WEST 5TH STREET-MICHAEL AND JESSICA TOTH TO ARJAN AND ADRIANA VAN HAM

SHILOH

$145,000 -104 PENNY LANE-DWIGHT DETTMANN TO JORDN SIMONS

JULY 31

BELLEVILLE

$8,000-311 CHAPELWOOD COURT- KLEMME CAPITAL INVESTMENTS, LLC TO SUSAN SARFATY                     

$133,000 -8 KIMBERLIN LANE- LINDA S WECK TO BRIAN AND TRACY CRAWFORD

$150,007 -1786 SHADE TREE COURT- SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO CLEVELAND TAFTELDER WILLIAMS & MONICA RENEE WILLIAMS                                                

$176,000 -215 GARDEN BOULEVARD- MATTHEW ALLISON TO MATTHEW & JENNIFER REIMAN                    

$215,000 -137 EGRET COURT- JAMES AND KRISTINA SLATER TRUST TO CHARLES AND ANITA MCDONALD

$254,400 -XXX FRANK SCOTT PARKWAY WEST- FOLEY PARK FARMS LAND TRUST 2W-367 TO MED PLAZA, LLC                                       

CAHOKIA

$1,500.00-2439 LORRAINE DR- THOMAS E HILL TO ANTHONY W GOODWIN          

CASEYVILLE

$20,000 -28 MAPLE DRIVE- HEIRS OF ROBERT E ZAKSZEWSKI, DECEASED TO GRK, LLC       

$48,000 -8822 STERLING PLACE-SAMMY AND TAMMY SHAFER TO ANNA AND WILLIAM GRAMC                 

$128,000 -14 ORCHARD LANE- JAKE TENBERGE TO SUSAN WALZIR                                            

COLLINSVILLE

$149,500 -109 E HO VALLEY DRIVE- PAUL AND CAROL REED TO CHARLES R SIMON            

EAST SAINT LOUIS

$1,000-1003 GOELZ DRIVE-DLJ MORTGAGE CAPITAL, INC TO REO ACCEPTANCE CORP II, LLC

$3,500-1718 HARVEST AVE- KEITH INGERSOLL AS TRUSTEE TO MY FAMILY HOUSE LLC      

FAIRVIEW HEIGHTS

$68,500-9936 SOUTH ROAD- ESTATE OF CAROLYN M GOUGH TO AMY MOSES     

$103,000 -111 MARK DRIVE- EDWARD FRAWLEY SR AND EDWARD FRAWLEY JR TO REO ACCEPTANCE CORP II, LLC               

$114,000-18 MONTICELLO PLACE- RONALD AND BETTINA COLLINS TO ADAM AND AMANDA RUIZ             

$178,900 -58 BROADSTONE DRIVE- MATTHEW AND NATALIE LANCTOT TO TIFFANY PATTON                        

$185,000-963 CLEMSON AVENUE- BROWN FAMILY TRUST TO REGINA L FITE                                                                        

FREEBURG

$158,000 -527 N EDISON ST- HAWKINS DEVELOPMENT COMPANY, LLC TO BONNIE AND MARK HEFFEMAN                            

LEBANON

$60,000 -213 WEST ST. LOUIS STREET- FIRST NATIONAL BANK OF WATERLOO TO TIMOTHY O'DONNELL   

$225,000 -10 ST. JOSEPH DRIVE- CHRISTOPHER & STEPHANIE CARRIER TO DANIEL AND ARLENA TRAPP    

MASCOUTAH    

$270,189 -723 MORTAR STREET - HOMES BY DEESIGN, INC TO HEATHER KRISTEN MASCHHOFF

O’FALLON

$60,000-504 E JEFFERSON ST-LINDA MACKE, JAMES, JOHN, AND WILLIAM PFEIFFER TO WILLIAM J PFEIFFER

$221,000 -631 SHAROCK DRIVE- EDWARD AND DAWN BOYLE TO GARY AND LORI LANDOLL                           

$222,262 -411 VANCROFT PLACE- BARNES PROPERTIES, LLC TO GEORGE AND HARRIETT CLAY      

$279,000 -107 SPYGLASS COURT- INTERNAL REVENUE SERVICE TO DANIEL AND VICKY MCCARTHY             

$381,000 -298 KINGS RIDGE BOULEVARD- WILLIAM AND WENDY DIESSNER TO MICHAEL W CALLAN          

$480,510-1305 PUCKETTS POINT LOT 17 - HUNTINGTON CHASE HOMES TO ALEXANDER AND ARTA CAVAZOS        

SHILOH

$193,000 -1400 WELLER DRIVE- ALISON AND JOSEPH MARK TO RICARDO PEREZ 

$320,500 -3413 MAGENA COURT- NEW TRADITION HOMES, LLC TO MICHAEL AND ANNQUARNETTE AARON                                        

SWANSEA

$12,120 -1797 BARBARY WAY-JBCB ENTERPRISES AND JAMIE TEBBE TO MONICA N POLLARD

$12,120 -1797 BARBARY WAY- MONICA POLLARD TO SABRE INVESTMENTS, LLC                 

$65,300 -16 SAINT CLAIR LAKE DRIVE- FANNIE MAE TO SHAUN DOWNS AND ROBERT STEWARD                  

$120,000 -125 MARILYN DRIVE- CRAIG H WEBSTER, SUCCESSOR TRUSTEE OF DECLARATION OF TRUST DATED JANUARY 23, 2004 TO ROBERT F RUNDE, TRUSTEE O THE ROBERT F RUNDE REVOCABLE TRUST                       

WATERLOO

$26,000-BUSS BRANCH ROAD-AMANDA SHINN TO BRIAN J GLAUBER

AUGUST 1          

BELLEVILLE

$9,300-216 & 218 NORTH 12TH STREET- BOBBY AND BEVERLY DEES TO OPM LAND TRUST

$47,000-403 NORTH 37TH STREET- REGIONS BANK TO JONATHAN AND LISA LOESCHE                                      

$57,000 -1718 LAURETTE LANE- LLOYD ELMER AND JAMES C. LAMBERT TO JAMES AND KATHLEEN TOENNIS                                         

$93,000 -116 MASCOUTAH AVE- CALEB AND ANDREA YOUNG TO AMANDA SCHLECHT    

$100,000 -128 VILLA DRIVE- WINFIELD R MATSLER TO DAVID AND TRICIA ELLIS   

$155,000-105 WHITESIDE DRIVE- AARON & AMY KREMMEL TO LINZY AND BRENDA LAUGHHUNN

$185,000-328 COUNTRY CLUB ACRES- JAMES & SHERRY MORGAN AB LIVING TRUST TO DANNY AND JANET OWENS                                               

$350,000-100 E MAIN ST- JOHN CONKRIGHT AND BETH WAMBLE, TRUSTEES OF THE JOHN D. CONKRIGHT REVOCABLE TRUST TO COUNTERPLAY INVESTMENTS, LLC                                                                      

$2,150,000.00-2012 MASCOUTAH AVENUE, ET AL- WLJ PROPERTIES LLC TO BELLEVILLE TOWNSHIP HIGH SCHOOL DISTRICT 201     

CAHOKIA                            

$19,000 -1154 SMITH STREET- MICHAEL AND SONDRA EAGAN TO AMERICAN ESTATE AND TRUST, LC FBO LINDA CAPETILLO-CUNLIFEE IRA                                            

$28,500 -1929 FLORENCE STREET- GARY L BREWER, II TO ADAM AND LINDSAY ROMERO 

DUPO                   

$164,900 -4016 ELM AVENUE- SUSAN WILSON AND CHRISTINA HAGNAUER TO KAYLON LIST         

FAIRVIEW HEIGHTS

$292,000 -7434 TIMBERPOINT COURT- MARTHA K KOSTEN TO TANG LIVING TRUST                          

$4,755,000.00 -6403 N. ILLINOIS STREET - PAC TIMBERLINE, LLC TO LM PROPERTIES, LLC                 

FREEBURG         

$142,000 -3904 STATE ROUTE 15-RENEE AND MATHEW MOECKEL TO WILMA ABERNATHY                            

MASCOUTAH                                    

$90,000 -607 WEST STATE STREET- SANDRA BEAM TO REID RITZHEIMER                

$139,000 -5950 STATE ROUTE 4-FOXFIRE LAND TRUST TO BOBBY AND BEVERLY DEES                                       

$140,000-367 FALLING LEAF WAY- DANIEL AND MARGO TIRADO TO TYLER AND MEGAN RUBACH                              

MILLSTADT                                                                        

$180,000-3301 VILLAGE GREEN COURT- GINNY MINNIGERODE TO JAMES AND JENNIFER WATKINS                                            

O’FALLON

$157,000 -109 EAST MONROE STREET- VERNON OBERNUEFEMANN TO RICKY COLLIER     

236,000-1575 NORTH PARC GROVE COURT-BRENT KOLVES AND SADIE SHAW-KOLVES TO BRIAN JOHNS  

$240,550 -1543 NORTH PARC GROVE COURT-NEW TRADITION HOMES, LLC TO ANITA MCINTYRE

$295,000 -1420 WINCHESTER GROVE COURT-KAPPERT CONSTRUCTION CO, INC TO MELVIN E COCHRAN JR                                           

SHILOH

$161,000 -2406 CONIFEROUS DRIVE- DAVID P DUNLAP TO KURT Y MELDER

$213,845.27 -2629 BEACON POINT COURT- FULFORD HOMES, LLC TO CHRISTOPHER AND HEATHER DUKES                            

$267,500 -2624 LAKE LUCERNE DRIVE- SCOTT AND DEBORAH LITTLEJOHN TO SAMUEL JENNINGS AND MIRANDA SAVINO                                

SWANSEA          

$188,000 -236 ADAM DRIVE- CRAIG AND JOAN MENTZER TO KYLE BUJNAK           

AUGUST 2

BELLEILLE

$26,418 -19 BERKSHIRE DRIVE- THE JUDICIAL SALES CORPORATION TO HOMEFRONT PROPERTIES LLC AND JCS ACQUISITIONS LLC                                          

$54,500 -19 BERKSHIRE DRIVE- HOMEFRONT PROPERTIES, LLC TO JERRY TRENT JR.                            

$165,000 -236 BROOKMANOR COURT- DAVID AND ANGELA LAVINE TO JAVIER HERNANDEZ & ELVIA CABRAILES DE HERNANDEZ                                      

CASEYVILLE        

$35,000-212 OLIVER STREET- SECRETARY OF HOUSING AND URBAN DEVELOPMENT TO VICKI L JACKSON                

FAYETTEVILLE   

$25,000-5TH STREET- MARJORIE ERNST, CARRIE S. MIDDENDORF & LISA A BIERMANN TO DELI STAR INC 

LEBANON

$569,702-1321 WEIL ROAD- SMR, LLC TO PHILLIP AND JONELL ROBERTS 

MASCOUTAH                    

$236,000 -738 MOORLAND CIRCLE- DAVE MENDEZ T0 KRIS & JENNIFER CAMPBELL                           

NEW ATHENS    

$184,000 -706 SOUTH EAST STREET- DAVID AND JILL CARR TO ANDREW GREEN AND LORA BROWN                           

O’FALLON          

$27,500 -108 BROOKSIDE DRIVE - WELLS FARGO BANK TO SOUTHEAST PROPERTY ACQUISTIONS LLC         

$150,000-1102 N. SMILEY STREET- WILMINGTON SAVINGS FUN SOCIETY DBA CHRISTIANA TRUST TO STEVEN A YOUNG                               

SHILOH

$115,100 -2222 CALGARY DRIVE - JEA INVESTMENTS LLC TO HEATHER KIRKPATRICK                                          

$122,800 -2224 CALGARY DRIVE SHILOH- JEA INVESTMENTS LLC TO RITA HENNING                                           

$705,672 -1102 N. GREEN MOUNT ROAD-74TH AVENUE, L.P.TO SHILOH ONE, LLC                                              

SMITHTON         

$198,000 -5622 STONE VILLA DRIVE- RICHARD AND ERIN GREGORY TO DAVID WOMBACHER AND EMILY LOPEZ                   

SWANSEA          

$385,000 -4120 ABERDEEN PLACE-PRESTON & KRISTIN JOHNSON TRUST TO MICHAEL AND ANN HUG                                       

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