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East Alton man blames Wood River property owner for fall on stairs

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EDWARDSVILLE–An East Alton man is suing a Wood River property owner, alleging negligence after he was injured during a fall on stairs owned and controlled by the defendant. 

Larry Kemp Sr. filed a lawsuit Nov. 24 in Madison County Circuit Court against Henry Gogloza of Wood River, alleging negligence.

According the complaint, on June 20, the plaintiff, who was visiting a tenant who resides at a property owned by the defendant at 212 12th St., Wood River, slipped and fell on the staircase on the outside of the premises. 

As a result, the suit says, the plaintiff was injured permanently, he has incurred and will incur medical bills and is unable to attend to his usual duties.

Kemp seeks at least $50,000, court costs and attorney fees. He is represented by attorney William E. Miller III of Alton.

Madison Country Circuit Court case number 15-L-1528.


Estate blames jailed defendant for fatal crash

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EDWARDSVILLE–An estate administrator is suing an imprisoned drunk driver, alleging wrongful death in a fatal accident.

Cinda McGrew, special administrator of the estate of Katelynn Fancher, a deceased minor, filed a lawsuit Nov. 23 in Madison County Circuit Court against Darrell DeLong Sr., under the Illinois Wrongful Death Act.

Long has been convicted of aggravated DUI causing death and was sentenced to 20 years in prison.

According to the complaint, on Nov. 23, 2013, Katelynn Fancher was in a vehicle operated by DeLong, her stepfather, when he caused a motor vehicle crash, which killed not only Fancher but also her mother, Tammy DeLong.

The estate of the deceased includes two half-sisters, a half-brother and her father. 

McGrew seeks at least $50,000 for actual damages, court costs and attorney fees. She is represented by attorney Jennifer A. Shaw of The Shaw Law Group of Edwardsville.

Madison County Circuit Court case number 15-L-1523.

Mudge dismisses motorcyclist’s suit against driver after being beckoned onto roadway

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Madison County Circuit Judge William Mudge granted voluntary dismissal in a motorcyclist’s suit alleging he was struck after a motorist beckoned him onto the roadway.

Plaintiff Michael Meyer filed a motion for voluntary dismissal with prejudice on Oct. 21 through attorney Zane Cagle of The Cagle Law Firm in St. Louis.

Mudge granted dismissal on Oct. 28.

Meyer filed his lawsuit on July 2 against Annette Tennant.

According to the complaint, Meyer claims he was stopped on his motorcycle on Beltline at the entrance to a car wash on Aug. 29, 2014, at approximately 4:50 p.m. The city where the alleged collision occurred was not provided.

Meyer claims traffic was stopped at the intersection for a red light. When an unknown party driving a vehicle in the right-hand lane of westbound Beltline “waved the plaintiff into the roadway” and Meyer attempted to cross two traffic lanes on westbound Beltline on his bike, the plaintiff was allegedly struck by Tennant’s minivan as it was traveling westbound on Beltline toward the intersection of Bluff.

Meyer alleges Tennant failed to keep a lookout, drove too fast, failed to slow down and take evasive action to avoid a collision and failed to obey traffic signals.

Meyer sought a judgment in his favor of more than $50,000, plus attorney’s fees and costs.

Tennant is represented by Michael Murphy of Freeark, Harvey & Mendillo in Belleville.

Madison County Circuit Court case number 15-L-841

Gary Peel: Sentence on bankruptcy fraud, child pornography possession should have ended already

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ASHLAND, Ky. – Former lawyer Gary Peel, serving the ninth of 12 years for bankruptcy fraud and possession of child pornography, seeks immediate release.

He filed a motion for a sentence reduction in U.S. district court at East St. Louis on Dec. 4, claiming his sentence should have ended on July 28.

He filed it as his own lawyer, from federal prison at Ashland, Ky.

He argued that bankruptcy proceedings showed less value in the claim of former wife Deborah Peel than the amount that figured into his sentence.

“At every stage of the proceedings Gary Peel has contested the loss amount as incorrect,” he wrote.

“When his position was finally vindicated, he should not be penalized for this but rewarded.”

Peel formerly practiced law at Tom Lakin’s firm in Wood River.

Lakin himself would also go to prison, for distributing cocaine.

Peel filed a bankruptcy petition in 2005, aiming to escape the terms of a divorce settlement with former wife Deborah Peel.

In an examination by a bankruptcy trustee, he described valuable items he had sold for a dollar to second wife Debra Pontius-Peel.

The items included a mermaid fountain weighing 800 pounds.

When the Record reported on the bankruptcy and the mermaids, Peel suspected that his former wife had planted the stories.

In 2006, he placed in her mailbox pornographic photographs he had taken of her sister at age 16.

He threatened to disseminate the pictures.

She notified police, who wired her to record a meeting with him at a restaurant.

The recording led to his arrest.

Grand jurors indicted him on charges of bankruptcy fraud, obstruction of justice, and possession of child pornography.

Former district judge William Stiehl held trial in 2007, and jurors convicted Peel on all counts.

Stiehl imposed a sentence of 12 years for obstruction of justice, with lesser terms to run concurrently on the other crimes.

Peel moved for a new trial, and Stiehl denied it.

Peel appealed his sentence to the Seventh Circuit in Chicago, pleading that trial on bankruptcy fraud and obstruction of justice constituted double jeopardy.

In 2009, Seventh Circuit judges ordered Stiehl to dismiss one of the charges and revise the sentence.

At a sentencing hearing in 2011, the former wife’s sister testified by telephone due to the illness of her father.

“As I sat there in my dad’s hospital room, the very thing Gary Peel was trying to do so many years ago could actually affect my parents once again,” she said.

“They are currently unaware that we are being subjected again to Gary Peel’s possible venomous attacks.

“I despise more than ever the time that was taken from my parents as these endless legal maneuvers were perpetuated by Gary Peel.

She said she read the transcript from the restaurant.

“That truly indicates his threats were real and his intentions were clear,” she said.

“He fully intended to mail those awful photographs to my elderly parents unless my sister agreed to capitulate to his demands.

“File every motion to delay, spend the assets on mermaids and watches, and then file bankruptcy to cancel his obligations to my sister.

“He also suggested after 34 years of being a stay at home wife and mother of his children, that she could support herself at the very fast food restaurant they were in while he was incriminating himself.

“Even from prison his legal terrorism continues.”

She said she had nightmares and a gut wrenching reaction to any news about child pornography or sex offenders.

She said she kept numbers of the FBI and victim assistance in her phone.

“I look into my father’s eyes and see unconditional love,” she said. “My niece and nephews look into their father’s eyes and see evil.”

Then came Peel’s turn to speak, and he said Stiehl was punishing him for exercising his right to file a bankruptcy proceeding.

“What you said is I tried to get out of my marital settlement agreement by filing for bankruptcy and in fact, that’s what many people do,” Peel said.

He said that prior to the mailbox incident, his former wife filed a false, fraudulent and felonious claim in bankruptcy court.

“She had filed a claim under oath for two million, eight hundred thousand dollars,” Peel said. “That’s a felony under 18 U. S. Code, section one fifty two six.”

He said the claim had been reduced to $434,000.

He said his sentence undermined respect for the law.

“It has the taste of the old star chamber, if you will,” he said.

Stiehl revised the sentence but reached the same result: 12 years.

He assessed 10 years on child pornography and two years on bankruptcy fraud, to run consecutively.

Peel appealed to the Seventh Circuit again, but his speech at his sentencing backfired.

Justice Richard Posner called it “bumptious, defiant, and devoid of acknowledgment of wrongdoing.”

“It would have justified a longer sentence on the child pornography counts had that been possible,” Posner wrote.

Peel’s new motion argues that the bankruptcy court established his former wife’s claim was $158,455.63, not $2.5 million.

“The sentence was based on the loss amount,” Peel wrote.

He wrote that he has effectively completed the totality of his sentence, which began on March 20, 2007.

“This means he would have completed the full term as to the possession charges on Nov. 29, 2013, taking into account both time served and the 85 percent federal prisoners are required to serve,” he wrote.

He wrote that he began serving the two years for bankruptcy fraud the next day.

“Using the 85 percent figure, this comes to 20.4 months, or July 28, 2015,” he wrote.

“He has now been in jail nearly five months beyond the maximum sentence that should have been imposed had the true facts been known.

“The goal of every court should be to effect the ends of justice and zealously insure no one is subject to a greater sentence than one supported by the facts.”

Stiehl has retired. The motion awaits action by District Judge Staci Yandle.

Kelley dismisses medical malpractice suit alleging shoulder surgery caused carpal tunnel

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St. Clair County Associate Judge Randall Kelley granted voluntary dismissal in a patient’s lawsuit alleging shoulder surgery resulted in carpal tunnel syndrome.

Plaintiff Milton Kish filed a voluntary motion to dismiss the case without prejudice on Nov. 9 through attorney Amy Collignon-Gunn of the Simon Law Firm in St. Louis.

Kelley granted Kish’s voluntary motion to dismiss on Nov. 18, dismissing the case without prejudice.

Kish filed the lawsuit on Aug. 31 against Dr. Donald W. Weimer, Belleville Orthopedic Surgeons, Ltd., Belleville Surgical Center, Surgical Care Affiliates, Inc., Diane G. Joiner, RN, Mary Diane McCarkel, RN, and Cheryl Raynor, RN.

According to the complaint, Weimer and Belleville Orthopedic performed rotator cuff surgery on the plaintiff on Sept. 3, 2013. Following the surgery, Weimer applied a sling to the plaintiff with his left hand in a hyper-flexed position.

Kish alleges that eight days later, he complained of numbness in his left hand.

Then on Sept. 26, he visited Weimer again, alleging he felt his arm pop and that he was still experiencing numbness. An MRI determined the plaintiff had developed carpal tunnel syndrome, which he believes is the result of his hand being hyper-flexed while he was wearing a sling to recover from shoulder surgery, the suit states.

Kish claims the condition never improved, despite undergoing surgery.

He sought damages in excess of $50,000, plus court costs.

James Neville of Neville, Richards & Wuller in Belleville represented Weimer and Belleville Orthopedic Surgeons in the case.

Kenneth Burke of Brown & James in Belleville represented Belleville Surgical Center, Surgical Care Affiliates, Joiner, McCarkel and Raynor in the case.

St. Clair County Circuit Court case number 15-L-490

Madison County creates 'Accountability Court' to help parents struggling to pay child support

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Parents who are willing to pay child support but unable to fulfill their obligation due to certain common barriers to employment and financial stability will get some help in Madison County. 

Chief Judge Dave Hylla on Monday announced the inception of Madison County’s first Accountability Court.

The Accountability Court will partner with local community colleges, Madison County Employment Services, and the Madison County States’ Attorneys’ Office, to identify common barriers and connect participants to community agencies that can provide support for these individuals and the families they support, according to a press release announcing the new court.

Community partners will offer assistance with employment, job placement, and coordination for veterans, resume and interview assistance, transportation and skills development.

The Accountability Court will seek to engage local business leaders in order to pursue employment opportunities and eventual placement of participants.

 “The Accountability Court will create a favorable environment for participants to receive support and encouragement to better their lives,” stated Hylla in the press release. “Barriers to success can come in many forms. Let’s help people get back to work for themselves and their families through support, job training and placement.”

Hylla is one of 13 individuals who will serve on a court committee.

The committee will be chaired by former judge Ann Callis, who is an attorney practicing at the Goldenberg firm in Edwardsville.

“All too often we see dedicated parents lapse on their family obligations without assistance or understanding," stated Callis in the release. "We need to empower these individuals to develop the confidence and strength needed to set realistic goals for their families and fulfill their potential by getting them back to work.”

RP Lumber president Bob Plummer also serves on the court committee.
“I strongly support this program and would encourage other local businesses to find a way to find a way to be supportive and involved,” said Plummer.

Madison County associate udges Maureen Schuette and Sarah Smith will preside over the Accountability Court.

Other members of the committee:
· Jennifer Mudge, first assistant States Attorney, Madison County
· Stephanie King, chief of Child Support Division, Madison County
· David Stoecklin, executive director, Madison County Employment & Training
· Clarissa Gaff, managing attorney, Land of Lincoln Legal Assistance Foundation
· Dr. Linda Chapman, vice-president Academic Affairs Lewis & Clark Community College
· Terry Lane, director, Career & Veteran Services. Lewis & Clark Community College
· Janet Fontenot, dean Business Division, Southwester Illinois Community College
· Bill Gagen, director, Workforce Development, Southwestern Illinois Community College
· Nathaniel Carrol, attorney, Goldenberg, Heller Antognoli
· Omar Malik, attorney, Goldenberg, Heller, Antognoli

Supreme Court raises law license, certification fees

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For the first time in nearly a century, the fees to obtain an Illinois law license and to certify documents will increase next year.

The fee to obtain an initial law license will be raised from $5 to $50 and the fee to certify documents in the state's reviewing courts will go from $1 to $5. 

During its November term, the Illinois Supreme Court approved fee increases and other amendments to Rule 313, according to a press release from the Court. The increases will take effect July 1, 2016.

The rule change will mark the first time since 1919 that the initial law license and official certification and seal fees have increased. It will also place all fees for reviewing courts into a single location within the Supreme Court rules.

Under a 2013 law, fees collected by clerks of the Supreme and Appellate Courts are set by Supreme Court rule, rather than by statute. Funds collected from these fees are deposited into the "Supreme Court Special Purposes Fund," which is used to supplement the costs associated with e-business initiatives, including the streamlining and upgrading of the case management system used by reviewing courts in Illinois.

Prior to the rule amendment, Illinois had one of the lowest law license fees in the country, the press release states. The rule change will bring Illinois' fees in line with what other states charge for similar services. 

In addition, the Supreme Court created new and separate fees to obtain a replacement law license and an attorney certificate of good standing. A replacement law license will cost $25 and an attorney certificate of good standing will cost $15, with each additional certificate costing $5.

Prior to the rule change, the Illinois Supreme Court Clerk's Office charged the same $5 fee for an initial law license as it did for a replacement law license and the same $1 fee to certify documents as it did for an attorney certificate of good standing.

The Supreme Court also amended Rule 313 to make it easier for practitioners and pro se filers to locate fees for reviewing courts.

Under the rule amendment, copy fees currently governed by an administrative order were moved into Rule 313 so all fees for reviewing courts in Illinois are in a single location. The copy fee remains unchanged at 25 cents per page.

In regards to copy fees, the rule change clarifies that clerks of reviewing courts shall charge no fee for copies of papers made using personal equipment such as a portable scanner or camera. The amended rule requires the clerk's prior permission and prohibits automatic feed features or stack feeders on scanners.

Amended Rule 313 also clarifies that any nonparty who files documents in cases, such as motions for leave to file an amicus curiae or friend of the court brief, must pay $30 to do so. This is not a new or increased fee. The addition of this language will simply bring the rule in line with the current practice of court clerks.

The language of the Amended Rule 313 and all of the Supreme Court rules can be found on the Court's website at http://www.illinoiscourts.gov/SupremeCourt/Rules.

Illinois Supreme Court establishes uniform standards, certification process for problem-solving courts

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The Illinois Supreme Court has announced the creation of uniform standards and a certification and application process for problem-solving courts across the state.

Madison County Circuit Court is host to at least two such courts - one for veterans and a newly established one designed to help parents struggling to make child support payments. 

Statewide standards will bring uniformity, accountability and administrative oversight to problem solving courts in Illinois, where there are already more than 100 in operation and more in the planning stages.

Also known as specialty or therapeutic courts, problem-solving courts provide an alternative forum for certain individuals in the criminal justice system, such as veterans and those with mental illness or substance abuse disorders, among others.

“Now that Illinois courts have some experience with the problem-solving approach, we are ready to enter a new era – that of expanding the availability of these courts across the state by establishing standards, institutionalizing best practices, and ensuring consistency state-wide,” Chief Justice Rita B. Garman stated in a press release issued Tuesday.

"In effect, we are ready to use the knowledge and experienced gained thus far to raise the bar so that individuals throughout the state have access to a problem-solving, rather than a purely punitive, justice system. Problem-solving courts serve not only the individuals whose conduct has brought them into the justice system, but their families, their neighborhoods, and the community as a whole.”

The standards and certification and application processes were developed by the Administrative Office of the Illinois Courts (AOIC) and the Special Supreme Court Advisory Committee for Justice and Mental Health Planning and approved by the Supreme Court during its November term.

The Advisory Committee was established in 2010 and charged with studying, reviewing and collaborating on issues related to mental illness and the justice system with the aim of making recommendations to the Supreme Court. The Committee’s charge was later expanded to include the development of uniform standards and a certification and application process for all problem-solving courts in Illinois.

Appellate Justice Kathryn E. Zenoff of the Second Judicial District serves as chairperson of the Committee.

Zenoff had formerly served as chief judge of the Seventeenth Judicial Circuit in Rockford, where she was instrumental in establishing one of the first mental health courts in Illinois.

“Problem-solving courts represent an innovative approach to rehabilitation of persons with mental health and substance use disorders who are involved in our criminal justice system,” Zenoff said.

“Evidence-based practices are essential to the success of these courts. The standards and certification process, drafted with great care and attention by judges and AOIC staff with extensive experience in this area, will ensure the utilization of these practices so that the participants in these courts and the public will see positive results.”

In response to the Court’s expanded charge, the 24 member Advisory Committee created a working group to research, review, write and recommend uniform standards and a certification process.

Staff in the AOIC also participated in the working group, including its director Michael J. Tardy, Margie Groot, the assistant director of probation at the AOIC, and Kelly Gallivan-Ilarraza, the AOIC’s statewide problem-solving court coordinator. The AOIC serves as the Court’s liaison to the committee.

“The Supreme Court Special Advisory Committee on Justice and Mental Health Planning, led so passionately and capably by its chair, Appellate Justice Kathryn E. Zenoff, and staff of the Administrative Office of the Illinois Courts, are to be commended for their incredible work on this project," Tardy said. "The uniform standards and certification process that the Supreme Court has approved will place the Illinois courts in the forefront of national best practices."

Tardy said the new standards and certification process will aid Illinois’ problem-solving courts to fully implement the core elements that drive the success of several crucial components of the justice system, including a specialized court docket that functions in a non-adversarial manner, judicial authority and supervision, information sharing and community involvement, specialized team expertise, and, a coordinated strategy of evidence-based therapeutic treatment services in response to an individual’s risks and needs.

After extensive research, the Committee’s working group submitted draft standards and documents for the certification and application process to several groups for their consideration and feedback, including the Conference of Chief Judges, the Illinois Center of Excellence for Behavioral Health and Justice, and other committees and advisory boards of the Supreme Court.

The purpose of the standards is to implement uniform requirements for the planning, establishment, certification, operation and evaluation of all adult problem-solving courts in Illinois. Juvenile problem solving courts are not covered by the standards at this time.

The new standards employ evidence-based practices and other methods shown to have positive, cost effective outcomes. While the standards are designed to ensure consistent and uniform practices, they still allow individual problem-solving courts to tailor their programs to address local needs and resources.

In order for a problem-solving court to become certified, the court must show compliance with the new standards and demonstrate a commitment to adopting evidence-based practices. Existing problem-solving courts will have up to one year to come into compliance with the new standards and become certified.

Each new and existing problem-solving court must submit an application for certification to the AOIC, which will review and analyze the application, and the court’s policies, procedures and operations. The AOIC will also conduct an on-site review of each problem-solving court seeking certification.

If the AOIC determines the court’s application and on-site review comply with the new standards, it will forward its findings to a subcommittee of the Advisory Committee, which will then give its recommendation to the AOIC.

If the AOIC determines a problem-solving court does not meet the standards, suggestions will be made and assistance will offered to bring the court into compliance before it is given an opportunity for another review.

The Committee and the AOIC will submit consensus recommendations for certification to the Supreme Court, which has the final say in the certification process.

Each certified problem-solving court will be subject to recertification every three years to ensure ongoing compliance and will be required to notify the AOIC of any changes, such as a new judge, coordinator, type of program, location, or policy.

Courts that do not comply with the new standards will be subject to a preliminary notice of termination that will require it to stop accepting new admissions and to submit a plan to the AOIC for existing participants’ completion of its program. Problem-solving courts that receive a preliminary notice of termination will have the opportunity to seek a continuance of operation for a specified period of time.

As a critical component of this initiative, the Supreme Court approved an amendment to Supreme Court Rule 63, which allows an additional exception to the prohibition on ex parte communications in order to permit a judge to consult with members of a certified problem-solving court team.

The new standards, as well as documents for the application and certification process, can be found on the Supreme Court’s website at www.illinoiscourts.gov under the Problem-Solving Courts section in the ‘Information’ Tab. The language of Amended Rule 63 and all of the Supreme Court rules can also be found on the Court's website at www.illinoiscourts.gov/SupremeCourt/Rules.


State Farm, Computype reach settlement agreement in data loss lawsuit

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State Farm and Computype have reached a settlement agreement in a suit alleging an accountant suffered damages when the computer company failed to replace a hard disk drive while repairing the machine.

On Nov. 18, St. Clair County Associate Judge Randall Kelley filed an order noting that the parties had reached a settlement agreement and dismissing the suit with prejudice and without costs.

State Farm Fire & Casualty Co. filed the lawsuit on June 18, on behalf of J.W. Boyle Co. Ltd., against Computype I.T. Solutions.

According to the complaint, the insured’s principal, listed as Mr. Glueck, contacted Computype for assistance in January when his hard disk drive (HDD) server emitted noise. He alleges Computype removed the HDD but did not replace it.

Then on April 1, 2013, Glueck was allegedly unable to access data on the server and once again contacted the defendant. He claims Computype then re-installed the hard drive.

State Farm alleges Computype acted negligently when it failed to restore Glueck’s server to an optimal functioning level, provide backup of the system and replace the hard disk drive.

Computype answered the complaint on Aug. 10 through attorney Kevin Hoerner of Becker Hoerner Thompson & Ysursa in Belleville, arguing the case was filed beyond the applicable statute of limitations.

The defendant also argues that State Farm or its insured “was entirely responsible” for the alleged property damage, which occurred as a direct result of the plaintiff’s failure to exercise ordinary care and failure to maintain and utilize adequate back-up systems to preserve data.

Computype filed a counterclaim for declaratory judgment against State Farm. It seeks a declaration that coverage exists for State Farm’s claim and that State Farm has a duty to defend Computype in the suit.

On Sept. 1, State Farm denied all allegations raised in the affirmative defenses.

State Farm sought reimbursement of $50,356, plus attorneys’ fees and costs.

The plaintiff is represented by Chiles & Associates in Wheaton.

St. Clair County Circuit Court case number 15-L-352

Union Pacific files motion to compel in workplace injury suit

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Union Pacific seeks to compel its employee to answer its interrogatories in a suit alleging injuries from a workplace accident.

Union Pacific Railroad Co. filed a motion to compel on Nov. 12 through attorneys Thomas Jones, Harlan Harla and Michael Vogel of Thompson Coburn in Belleville.

Union Pacific alleges the plaintiff has failed to answer the defendant’s first interrogatories.

Further, the plaintiff objected to the number of supplemental interrogatories in the defendants first supplemental interrogatories filed on Oct. 5. However, Union Pacific argues that it is entitled to “propound” supplemental interrogatories in order to know the exact railcar the plaintiff was allegedly injured on.

Plaintiff Charles Davis, a car man for the rail company, filed the lawsuit on July 28 against Union Pacific. He alleges he was injured on Jan. 21 while “attempting to close an outlet gate on a ballast car,” the suit states.

Davis alleges the defendant failed to provide a safe workplace, failed to provide a safe task and safe equipment, failed to provide adequate assistance and training, failed to provide supervision, failed to inspect its equipment, failed to replace a defective outlet gate and failed to wait until Davis had the proper training to perform the task.
Union Pacific answered the complaint on Aug. 28 denying the allegations against it.

The defendant argues that the plaintiff contributed to his alleged damages. It also argues that the alleged injuries were caused by preexisting conditions.

Davis seeks damages of more than $50,000, plus costs.

Circuit Judge Andrew Gleeson scheduled a motion hearing for Dec. 22 at 9 a.m. He also scheduled a status conference for February 29.

The plaintiff is represented by Jerome J. Schlichter and Nelson G. Wolff of Schlichter, Bogard and Denton in Belleville.

St. Clair County Circuit Court case number 15-L-424

O’Fallon apartment complex removes suit alleging faulty steps

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An O’Fallon apartment complex removed a man’s lawsuit alleging he fell down a flight of steps on the defendant’s premises.

Green Mount Lakes filed a notice of removal to the U.S. District Court for the Southern District of Illinois on Oct. 5 through attorney C. Zachary Vaughn of Wiedner & McAuliffe in St. Louis.

The defendant argues that the amount in controversy and diversity of citizenship make removal proper.
Plaintiff John E. Howell III field the lawsuit on Sept. 2 against Green Mount Lakes Apartments.

He claims he was a tenant of the apartment complex and was walking down a flight of steps in a common area of the establishment on July 22 when a step broke and caused him to fall.

Howell alleges the defendant was negligent in failing to inspect the condition of the step, failing to repair or replace the deteriorated step and failed to warn of the deteriorated step.

As a result, the plaintiff claims he sustained injuries to various parts of his body, for which he has incurred medical expenses.

Howell seeks a judgment of more than $50,000, plus costs of the suit.

The plaintiff is represented by Brad L. Badgley of Belleville.

St. Clair County Circuit Court case number 15-L-494

Madison County couple alleges drunk driver caused accident, injuries

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EDWARDSVILLE–A Madison County couple is suing a Collinsville motorist, alleging negligence in an automobile accident that left them injured and limited in their ability to work.

Aaron Campbell and Kathleen Campbell filed a lawsuit Nov. 16 in Madison County Circuit Court against Christine M. Macios of Collinsville.

According to the complaint, on March 21, 2014, Kathleen Campbell was driving northbound on state Highway 157 with defendant Aaron Campbell in the vehicle. Macios was also driving in the same direction on the same highway, the suit says, following a vehicle that was following the Campbells' vehicle.

The lawsuit states Macios collided with the first vehicle, which then was pushed into the Campbells' vehicle, causing accidents and injuring the plaintiffs. In addition to failing to drive in a safe manner and to obey all travel signals, the suit says the defendant also was driving under the influence of alcohol.

As a result, the lawsuit says, both plaintiffs were injured and sought medical care, incurring bills, for those injuries, have required medications as a result, and likely will in the future and have been prevented from working and will be limited in the future.

The Campbells seek at least $50,000, plus court costs. They are represented by attorney Richard G. Reed of Reed and Bruhn in Belleville.

Madison County Circuit Court case number 15-L-1482.

Illinois truck leasee alleges property has not been returned

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EDWARDSVILLE–An Illinois man is suing a leaser, alleging lack of payment for a truck that has been leased to the defendant.

Charles W. Pence filed the lawsuit Nov. 9 in Madison County Circuit Court against Brennan D. Weber.

According to the complaint, Pence owns a Peterbilt truck that he leased to Weber per a lease purchase agreement dated May 31. The suit alleges the defendant has failed to comply with the terms of the agreement, still possesses the vehicle and is in default.

Pence wants the truck returned as well as the $52,000 value of the truck, damages for detention, reasonable attorney fees and court costs. He is represented by attorney Janel Freeman of East Alton.

Madison County Circuit Court case number 15-L-1444.

Madison County couple alleges Sentry Insurance reneged on safe driver program

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EDWARDSVILLE–A Madison County couple is suing a national insurer, alleging misrepresentations in an auto insurance policy. They seek class action status.

William A. Coleman and Mary A. Coleman, on behalf of themselves and others similarly situated, filed a lawsuit Nov. 17 in Madison County Circuit Court against Sentry Insurance. 

According to the complaint, since 1986, Sentry has offered the payback program and payback agreement to persuade safe drivers to purchase its insurance with the promise that if a driver remained claim-free for 5 years, the defendant would start to refund them half of their earlier paid premiums and would continue to do so for each claim-free year. 

In addition, the suit alleges, the defendant said it would continue to renew those safe driver policies. However, the suit says, as the plaintiffs and others began qualifying for the refunds, Sentry non-renewed the policies and failed to execute the paybacks. 

The suit says this is in breach of the insurance contracts, in breach of the defendant's duty of good faith and in violation of Illinois consumer protection laws. Further, the defendant continued to sell these policies even after it said it would not renew the payback program, the complaint states.

The Colemans seek for themselves, and for the members of the class, actual damages and interest, restitution, attorney fees, court costs and trial by jury. They are represented by attorney Christopher A. Koester of Taylor Law Offices of Effingham, and attorneys Irwin B. Levin, Richard E. Shevitz, Vess A. Miller and Lynn A. Toops of Cohen & Malad in Indianapolis.

Madison County Circuit Court case number 15-L-1484.

Jersey County couple alleges legal malpractice led to failed adoption

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EDWARDSVILLE–A Jersey County couple is suing a lawyer and a business, alleging legal malpractice and conflict of interest in their attempt to adopt a baby.

Greg Warren and Janet Warren filed a a lawsuit Nov. 20 in Madison County Circuit Court against Deborah Crouse-Cobb and Family Choices.

According to the complaint, on Nov. 22, 2013, the plaintiffs entered into a contractual relationship with Crouse-Cobb to provide legal services related to the adoption of a child. The suit says the defendant did not properly disclose her relationship with the defendant Family Choice. She is required by the legal profession to disclose an apparent conflict of interest, which she did not do, the suit states.

Further, the suit alleges, Crouse-Cobb prepared a surrender document for the signature of the natural parents but that document improperly designated Family Choices as the recipient of the child. The defendant also said it was necessary to appoint an agency to investigate the adoption of the child, while state statute has no such requirement if that child is related to the adopters, the suit says.

These actions caused unnecessary delays, protracted legal proceedings and additional costs, the suit says. This delayed the resolution of the case for more than 12 months, rendering the parental surrenders irreversible and resulting in the placement of the child with Family Choices, the lawsuit states. 

The adoption petition of the Warrens was ultimately dismissed.

Both plaintiffs individually charge Crouse-Cobb with legal malpractice and Family Choices for civil conspiracy for allegedly working with Crouse-Cobb to thwart the adoption.

Each plaintiff seeks at least $50,000 in compensatory damages and $50,000 in punitive damages as well as court costs. They are represented by attorney John J. Hopkins of John J. Hopkins & Associates of Alton.

Madison County Circuit Court case number 15-L-1518.


Mother alleges motorist's unsafe pursuit of vehicle led to lasting injuries

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EDWARDSVILLE–An Illinois woman, on behalf of herself and her minor son, is suing Madison and and city police officer,  alleging they caused an unsafe situation.

Sheila Brawley, mother and next friend of Rhykeem D. Samuels, a minor, filed a lawsuit Nov. 11 in Madison County Circuit Court against the city of Madison and J.D. Harris, an employee of the city. 

According to the complaint, on Oct. 15, Harris observed a vehicle in which Brawley's minor was a passenger driving at a speed he believed to be above the legal limit. He began pursuit, which ended when the driver of the vehicle crossed the median of state Route 203, resulting in a head-on collision with a third vehicle, the suit says.

The lawsuit alleges the defendants should have known their negligent and careless acts would result in severe injury. As a result, Samuels was seriously and permanently injured, the suit says, and he remains in intensive care with a brain injury, multiple bone fractures, a tracheotomy and a collapsed lung.

The suit alleges both plaintiffs have incurred multiple medical expenses and expect to do so in the future. 

Brawley and Samuels seek $50,000 from both defendants, for four total claims. They are represented by attorney Bruce E. Mattea of The Mattea Law Firm of Collinsville.

Madison County Circuit Court case number 15-L-1505.

Motorist alleges another driver's negligence caused accident, injuries

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BELLEVILLE–A Madison County woman is suing a St. Clair County motorist, alleging negligence in an automobile accident.

Peggy Tallmadge filed a lawsuit Nov. 2 in St. Clair County District Court against Kelly Seiberlich Reisa of Smithton, alleging negligence.

According to the plaintiff, on Oct. 1, 2014, Tallmadge was driving southbound on South Illinois Street near its intersection with West Cleveland Avenue in St. Clair County. The suit alleges Reisa was operating her motor vehicle carelessly and collided into the back of the plaintiff's vehicle. 

The suit states that collision caused the plaintiff's car to collide with the rear of a vehicle ahead of hers. As a result of the defendant's negligent and careless operation of her vehicle, the lawsuit says, Tallmadge suffered injuries to her right elbow and knee and back, including a herniated disc.

The plaintiff has accumulated nearly $27,600 in medical expenses and expects to incur more in the future, the suit says.

Tallmadge seeks judgment of at least $50,000, court costs and attorney fees. She is represented by attorney Julia M. Kerr of Brown & Crouppen in St. Louis.

St. Clair County Circuit Court case number 15-L-631.

Lest we forget

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Francis Ford Coppola, Oscar winning director and screenwriter and wine maker extraordinaire, had a less than successful yet very good film in 1987 with “Gardens of Stone.” Dealing with the Old Guard, the Army unit assigned to the ceremonial duties at Arlington National cemetery, the story centers on a back story to the Vietnam conflict, the tension between preserving the living at all costs and honoring the dead for their payment of the “last full measure of devotion.” A good picture, top cast…worth the effort and today’s SIDEBAR movie metaphor.

As I write this piece, America observes the 74th anniversary of the attack on Pearl Harbor, the “Day of Infamy,” which changed a Nation, a generation and a world. The next day, President Franklin Roosevelt appeared before Congress to quickly and resolutely lay out the unambiguous path to righteous victory, sending citizen and reporter alike to the dictionary to see what the word “infamy” actually meant. In the face of evil, America’s leader was clear with the moral path of leadership, first calming then inspiring his people. Oh, but how things have changed… and not for the better.

Following the largest terror attack on American soil since Sept the 11th, President Barrack Ambiguous Obama finally addressed his countrymen - from the Oval Office, behind a lectern, passionless and pained, clearly uncomfortable in the task that his office demands. His reluctant acknowledgment of the San Bernardino shootings as a terrorist attack was tinged with irrelevant fluff and the condescending assertion of success, this despite abundant bloody evidence from Benghazi to Paris to the contrary.

Missing in the address was any real affirmative notion that life was going to be better. More time was spent on blaming Republicans for not abandoning the Second Amendment and allowing all guns to be stripped from private owners than in accepting the presence of evil in the world. Moral relevancy is the coin of the Obama realm, where no lines of good versus evil can be drawn, as we are all evil in some way. Such pitiful weakness has always planted the seeds of the wicked fruit. All that is needed for evil to triumph is for good men to do nothing. President George W. Bush, lacking perhaps the articulation of his successor, knew this simple notion. He found and destroyed the “evil doers.” While merely a punchline to some, adherence to its principle kept the USA safe from the predicted and ordained post 9-11 attack - at least on his watch. The judgment of History will be fair to Bush 43, and will salute this very point, most indeed amplified in the contrast to our current Commander – in – Chief.

At its core, History can be reduced to three words… REMEMBER… HONOR … TEACH… These same elements are the mission of a nationwide observance on the second Saturday of December. Now in its 9th year here in Alton, the “Wreaths across America” is a project modestly begun at Arlington National Cemetery in 1992, then after a 60 Minutes feature in 2005, exploded all throughout the land. Its function is to place Christmas wreaths on the graves in National Cemeteries, to give fitting tribute to the sacrifices of the departed so interred. While not all are heroes, nor even Veterans, the spirit of appreciation for the job done motivates the army of volunteers that each year come together pull off the seemingly impossible. School children working in harmony with assigned Veterans place the wreaths on the stones in a synchronized operation most worthy of its military nature.

As she has for all the years, this Saturday, Dec. 12, my dear wife Margaret will be the driving force behind the ceremony. It is always with immeasurable pride that I every year watch her carry out her role with style and grace, organized and efficient, respectful and polite. While no longer do the wreaths need be attended to by husbands the Sunday afternoon before, nor the bows placed by hand by the lovely ladies in attendance, the work is still to be done, and it always is Mission accomplished. This year, special attention will be paid to veterans of World War II, fittingly so as they in such numbers slip away in slumber. Among the honored – two most special Navy vets - my father in law George Reutter, and my Dad, Charlie Hopkins. I am so very grateful that my family is able to see such an event.

Thinking of the WWII vets, I am of course taken back. No doubt motivated by their President, they endured the sacrifices, suffered the lonely anxieties away from home with no certain outcome. No matter the branch, rank or deployment, they stood up to the face of Evil. It is no virtue to be blind to evil, no vice to be intolerant at any level. It is particularly imperative in times of war, declared or covert. Lincoln understood this in suspending Habeas Corpus; FDR likewise understood it in the interment of suspected saboteurs. It is all that we can hope for to see a revival of this spirit. But alas, it begins at the top. Take heart. Change is coming. Be not afraid.

Garman and others receive PILI awards in recognition of public interest, pro bono contributions

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CHICAGO -- Public Interest Law Initiative (PILI) honored Illinois Supreme Court Chief Justice Rita B. Garman and others in recognition of their public interest and pro bono contributions in Illinois at a luncheon on Wednesday.

PILI’s executive director Michael Bergmann talked about the importance of acknowledging and celebrating the outstanding work of people and corporations in the legal profession that dedicate their time and efforts towards public service.

“Through our programs, as law students, as lawyers and as legal professionals, there’s just this amazing opportunity to touch the lives of so many people in desperate need for help, advice, support and a voice. And these people we’re celebrating today make that happen,” Bergmann said.

The annual awards luncheon began as an informal event for PILI supporters and alumni to get together during the holiday season to celebrate achievements. The event evolved into a formal event over a decade ago.

This year, the recipients of the awards were as follows:

The Distinguished Public Service award was presented to Garman, only the second woman to have held the post as Illinois Supreme Chief Justice, and one who has been dedicated to public service throughout her career. She is the longest serving female judge in Illinois.

“She is the first female judge to achieve many of the offices she has held throughout her tenure up until she became a member of the Court, and has been a trailblazer within the legal profession,Bergmann said, "She has a servant’s heart in all the work she does."

The Distinguished PILI Intern Alumni award went to Cynthia Cornelius of Cabrini Green Legal Aid (CGLA). Cornelius was a PILI intern at CGLA and went on to be an Equal Justice Works fellow there. 

“She’s just a genuinely wonderful person who is just focused and dedicated to helping others and improving the lives of others, which is evident in her interactions with the people around her,” Bergmann said.

The Distinguished PILI Fellow Alumni award was presented to Jordan Heinz, a partner at Kirkland & Ellis LLP. The award recognized Heinz’s extensive involvement in pro bono work since joining the firm. He also has continued to volunteer at Chicago Volunteer Legal Services, and was president of the board for Legal Counsel for Health Justice, formerly known as AIDS Legal Council.

“He has logged numerous hours of pro bono work and has been very instrumental in a lot of the marriage equality cases in Illinois and Indiana at both the trial and appellate levels,” Bergmann said.

This year’s Pro Bono Initiative award went to United Airlines. This particular award is given to an entity, usually a law firm or corporation, to recognize outstanding pro bono programs. 

“They [United Airlines] are focused on the individual interests of their volunteers in finding things their volunteers are passionate about, and connecting them with those opportunities in the legal aid and public interest communities,” he said.

Bergmann emphasized the importance of acknowledging just how much many members of the legal profession are giving of themselves.

“The legal profession isn’t always thought of as a place where good is happening, and where there are such wonderfully generous, warm and giving people who are making huge differences in the lives of the people they interact with,” he said. 

PILI's mission is to cultivate a lifelong commitment to public interest law and pro bono service within the Illinois legal community to expand the availability of legal services for people, families and communities in need.

Incumbent Bill Meyer to be challenged in primary for seat on Madison County Board District 3

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The race for County Board District 3 will see a three-way race on the Republican ticket at the primary election March 15, 2016. 

Phil Chapman, who retired after 29 years of federal service and was elected as vice chairman of the Madison County Republican Party, recently announced his bid for the seat held by incumbent Bill Meyer, who has held the seat for the past 15 years.

In his announcement, Chapman stated that his decision to run was encouraged by “numerous Republican precinct committeemen and leaders,” and that his focus would be on lowering property taxes significantly and limiting county government.

In his announcement, Chapman echoed what he called a public sentiment that Meyer had “lost his way” by "voting like a Democrat" instead of a Republican.

Chapman said that Meyer had continually sided with board members who have supported big spending.

Meyer told the Record that Chapman is misinformed.

“That is completely false," Meyer said. "In Madison County there are nine Republicans on the board and 20 Democrats. I think one of the things Mr. Chapman doesn’t understand, with all due respect, is that there are many entities of government and independents, most of which are Republican-based. In order for a Republican in Madison County to get grants and benefits for the people that live in District 3, you can’t go into the Board and tell them how it’s going to be done.

“You have to have a technique of working together. You have to be willing to work with Democrats.”

Meyer went on to state that he represents many different townships, cities, schools and fire departments, and he tries to make decisions that will help each entity and individual in Madison County. And in order to do so, he said he has to find common ground with Democrats on the board.

“You can’t bang your fist and make demands, not when you’re in the minority,” he said. “I’ve learned that over time, and I’ve done very, very well for my constituents, which is what it’s all about. It’s all about trying to help the people in District 3, and I’ve tried to do that in the past 15 years. I’m proud of my record.”

Chapman also said in his statement that last year, Meyer voted for additional fee increases which would cost Madison County residents more than $500,000 per year. 

Meyer said that as far as fees are concerned, people in the county would have to pay more fees for different services that they need. But any fee increases were made to prevent taxpayers from having to pay for services they may not use.

Meyer wants the people in Madison County to remember that he has been a big supporter of lowering taxes since 2000.

“Sometimes you don’t succeed at getting as much as you want, but I’ve been consistent in trying to get taxes lowered,” Meyer said.

This year, Meyer said that the Madison County Board got taxes lowered by 2.5 percent, which he said was the result of working together across party lines to chop the budget.

Chapman concluded his announcement by promising to lower the tax levy or return the excess money to the taxpayers.

Rodney Dustmann is the other Republican candidate who has announced his intention to run in the primary. He could not be reached for comment. 

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