The Third Judicial Circuit Pro Bono Committee continues to provide valuable service to Madison County residents in need of legal advice.   

In October, the committee held a luncheon, recognizing 118 volunteer attorneys, who provide free legal advice to low-income residents or offer training to fellow volunteers at no charge.

“All of the credit for the services being provided goes to the attorneys who are volunteering their time,” Circuit Judge Barbara Crowder, Chair of the Third Judicial Circuit Pro Bono Committee, said.

The Third Judicial Circuit Pro Bono Committee is comprised of lawyers and judges who protect equal access to justice by encouraging and promoting pro bono work in the Third Judicial Circuit. The committee was formed in 2011 when a group of judges teamed up with people from Land of Lincoln Legal Assistance Foundation and the Madison County Bar Association.

“We had so many people coming into the Law Library here in the courthouse that just had questions and could not afford attorneys, and the Law Library couldn’t give answers because they are not lawyers,” Crowder told the Record. “So we got together and formed a committee and thought we should start providing services and thought we’d see how many lawyers would volunteer. And it’s grown from that. So the lawyers donate their time to help low income people.”

In addition to providing legal advice to members of the community, the Pro Bono Committee also provides free training for attorneys doing volunteer work. Crowder explained that the lawyers providing training greatly contribute to the success of the program because many lawyers are willing to help, but feel inadequately trained to assist people with needs in areas other than the ones they practice.

“The reason we provide the training is we have lawyers who are willing to help but some of the needs were in areas where they didn’t practice,” Crowder said. “So if you’re a lawyer and you do traffic tickets and that’s your primary practice, but you’re going to volunteer in the legal clinic and help people that have child support questions or small claims questions, the lawyers would say, ‘Well, that’s not my field so I’m not sure how much help I can be.’ So we train them in those legal fields and then they’re able to provide services for low income people in the areas the people need the help,” she said.

The Pro Bono Committee recently hosted a free all-day seminar on the new family laws going into effect on Jan. 1. About 80 attorneys attended the seminar.

“Family law, divorce law is changing dramatically on January 1. And because there are so many changes, we did an all-day training because in order for them to help low income people they need to know what the new laws are,” Crowder said.

The committee plans to increase the number of people it serves by streamlining assistance for people at the courthouse through a Self-Help Center.

“There are some statewide forms that the committee makes available. And people can ask the Pro Bono lawyers to help them fill out the paperwork so they can take care of some of their legal problems and issues themselves. So what we’re hoping to do is find a way to streamline our processes so we can help more people,” Crowder said.

To make an appointment or to volunteer, call 618-296-5921 or e-mail Pro Bono Coordinator Angela Wille at anwille@co.madison.il.us 

The Illinois Supreme Court on Dec. 11 appointed O’Fallon attorney John Kujawski to the Illinois Supreme Court Commission on Professionalism.

“I received a phone call from Justice Karmeier, and I was totally honored by his phone call,” Kujawski said. “It was a unanimous appointment by the Illinois Supreme Court and I’m honored and touched that they would think enough of me to put me on this committee.”

Kujawski said that he hasn’t met with the committee yet, but is eager to learn more once he has attended a few meetings, and is looking forward to serving on the commission to help achieve the goals the commission sets out to accomplish. 

“I plan to express my views with candor and energy,” he said.

The Commission's purpose is “to promote a culture of civility and inclusion, in which Illinois lawyers and judges embody the ideals of the legal profession in service to the administration of justice in our democratic society.”

Kujawski is the founding member of Kujawski Marcus LLC in O’Fallon and has been practicing law since 1973. He co-founded the Academy of Rail Labor Attorneys (ARLA), which is a national association of plaintiffs' attorneys who represent injured railroad workers, and is a past president of the association. He is also a former commissioner for the Illinois Attorney Registration and Disciplinary Commission (ARDC) and a current member of the International Union of Operating Engineers, Local 520.

Kujawski said that he believes the experience he has gained over the years will help him contribute to the vision the commission has of bringing about a positive change in how lawyers interact with the public and with the court system.

“I’ve tried a lot of cases and had a lot of clients. My practice is such that I practice in about 15 different states. So I’m exposed to attorneys and judges from not just Illinois, but from around the country. So I have a pretty rich background in just meeting all kinds of people and being in all kinds of situations, which I think is a good background,” Kujawski said.

The Commission on Professionalism aims to promote greater integrity, professionalism and civility among lawyers and judges, seeks to eliminate bias and divisiveness within the legal system, and is committed to ensuring the people of Illinois are served effectively, efficiently and fairly by the legal and judicial systems of the state. The Commission also seeks to connect the various members of the legal profession with one another to achieve a greater sense of purpose and reward in the profession.

Some of the duties placed on the Commission are: creating and compiling resources that promote professionalism and making them readily available to legal professionals; working on professional programs with law schools; and promoting cooperation within the various divisions of the legal profession on professionalism, ethics and public understanding of the legal system.

“I think the committee work is really important,” Kujawski said. “Whether you’re a plaintiffs’ lawyer, a defense lawyer, a corporate lawyer, or if you work in legal aid -- I think it’s really critical that the way people see lawyers is uplifted, and the way lawyers interact with each other is uplifted,” he said.

The Commission on Professionalism consists of law school faculty, judges, lawyers and non-lawyers appointed to volunteer service by the Illinois Supreme Court. The commissioners serve a three-year term.

Subpoenas have been requested of St. Clair County Circuit Judges John Baricevic, Robert LeChien and Robert Haida in a case before the State Board of Elections challenging their nominations as Democratic candidates for seats they vacated.

Dallas Cook, Belleville's city clerk, seeks to have the judges' names removed from the March primary ballot, arguing their candidacies are not valid because they are required by statute to run for retention, not re-election as they seek to do.

Cook, represented by St. Louis attorney Aaron Weishaar, asks for emails and other documents circulated by the judges "in order to fully develop arguments and positions regarding this matter."

"Objector believes Respondents may have directly discussed the motives and methods behind their respective decisions to resign from their judicial positions rather than seek retention," Weishaar wrote.

In addition, Cook seeks to subpoena records of the Administrative Office of Illinois Courts (AOIC), saying it may have copies of the three judges' official letters of resignation.

He also seeks to subpoena records from the Illinois Secretary of State pertaining to documents submitted by LeChien and Baricevic regarding their requests to seek retention in previous terms.

A hearing will be held before an electoral board of the Illinois State Board of Elections on Dec. 22. The party or parties who lose can sue to overturn at the circuit court level, which would likely be where the board makes its decision - in Sangamon County or Cook County. Likely appeals would be expedited and follow at the appellate court level, then the supreme court.

Earlier this week, Chicago attorney Michael Kasper appeared for the three judges at a State Board of Elections hearing in Springfield. He also filed motions to dismiss. Kasper says Cook's constitutional arguments against the judges' nominations "fly in the face of a plain reading" of statute.

Cook, a Republican seeking election to Circuit Clerk in next year's general election, objected to the judges' move to seek nomination to the seats being vacated, arguing that statute requires judges seeking successive terms to run on their records in a retention vote which requires three-fifths voter approval, or 60 percent - and not re-election which only requires a simple majority vote to win.

Allowing the three judges to run for re-election to vacancies they created would set a dangerous precedent and "clearly would not be the intent of the Illinois Constitution," Weishaar argued in a brief.

If the procedure were allowed to stand, any sitting judge could unfairly control the electoral process by stifling competition.

In this way, a judge could "quietly circulate petitions for nomination without any announcement of any kind, and then on the very last possible day resign from his office (effective the last day of his judicial term) and at the same time file his own nomination papers with the board of elections," Weishaar wrote.

"Meanwhile, there is no time for any opposition to circulate petitions. Even if there should be an opponent, the sitting judge would only have to win the election by a simple majority instead of by the 60% margin when running on his/her own record. The sitting judge could therefore conceivably control the entire situation, including the timing of his resignation and effectively conceal it until he files his resignation. From a simple policy perspective, this should not be permitted."

The main battle between Cook and the judges lies in subsections of Article 6, Section 12 of the state constitution.

Kasper focuses on the use of the term "may" in Section 12(d) that outlines how and when judges should file notice with the state on their intention to seek retention. "May" connotes permissiveness and denotes discretion, he says.

He argues that if Cook's position were correct, the statute would have to state "may only" file.

"The meaning of a constitutional provision depends on the common understanding of the voters who gave it life by ratification," he wrote.

He cites case law in Maddux v. Blagojevich in which the Illinois Supreme Court overturned a statute that precluded a sitting judge from seeking retention if he or she were older than 75.

"Here, there is likewise no rational basis for concluding that the Constitution would prevent former judges from running in an election, while allowing citizens who were never judges to run in the same election," Kasper wrote. "He or she must simply do so by means of a contested election. The number of times the judge may seek office through such elections is unlimited."

He wrote that Cook "is simply incorrect in suggesting that sitting judges are required to seek retention, and are precluded from entering a primary election."

"Nothing in Section 12(d) suggests such an interpretation," Kasper wrote. "No court or electoral board has ever invalidated a Candidate's nomination papers on this basis. The word 'may' means 'may.'"

Kasper also says that Cook's position puts Section 12(a) which addresses eligibility - citizenship, licensure and residency in direct conflict with Section 12(d) on how and when to file.

"The Objector's proposed interpretation would, however, add a fourth eligibility criteria to this list: non-incumbency," Kasper wrote.

In Cook's brief, he argues that there is nothing ambiguous about Section 12(d) and that the plain meaning is that judges seeking successive terms are required to do so through retention.

He points to a revision of state law in 1962, when the process of selecting judges went from a purely political one to a retention system.

He says that the very function of Section 12(d) is to allow a judge who has already been elected to decide whether he or she wants to remain on the bench.

"In other words, there is a choice to make: the sitting judge may seek retention to stay on the bench, or he may walk away at the end of term."

He bolsters the point by referencing historical notes made to Article VI when it was amended.

"Judges who are incumbents on January 1, 1963 and thereafter would run against their record, and without party designation rather than against an adversary candidate in the appropriate general election," Weishaar cites.

He also cites the state's 2016 candidate's guide which notes that, "Once elected to office, a judge may seek to retain that office at the expiration of the term by seeking retention on a special ballot separate from the regular ballot. No party affiliation is indicated on the retention ballot."

Cook further points out that Section 12(b) provides that the office of a judge is vacant upon death, resignation, retirement, removal or upon the conclusion of his or her term without retention.

"Since the Illinois Board of Elections shows the Honorable C. John Baricevic, the Honorable Robert Haida and the Honorable Robert P. LeChien each being a vacancy, those vacancies presumably had to have been created and presumably were created by resignation," Weishaar wrote.

In their nominating petitions, Baricevic seeks the vacancy of Haida; Haida seeks the vacancy of Baricevic and LeChien is running for his own vacancy.

"LeChien is trying to succeed himself, again undermining the Constitution and the retention process," he wrote. "A plain language reading of the Illinois Constitution makes it clear that a judicial candidate cannot run on a partisan ballot to succeed himself."

He wrote that judges "should not be acting like other politicians just to keep their jobs."

"If the judiciary becomes another political branch responsible to political pressures, then there would be no branch of government that could check the power of the legislature or executives when they infringe upon the constitutional rights of individuals."

HILLSBORO – Swansea attorney Tom Keefe signed an order on Dec. 14, agreeing to not resort to snide, insulting, derogatory, uncivil or harassing comments in Montgomery County circuit court.

Keefe withdraws an allegation that lawyers for DOT Foods and a trucking subsidiary deserve sanctions for misconduct at a deposition of a company witness.

He concedes that his client Sarah Deatherage must answer questions about dating and social life.

He agrees not to disparage opposing counsel in email to lawyers having no connection with the case, as he did to Bill Knapp.

The order binds defense counsel too, but it specifies that they signed it in reliance on Keefe’s representation that he will proceed in civil fashion.

Circuit judge Douglas Jarman prepared the order rather than hold a hearing on disputes that had reached a boiling point.

Keefe filed the suit in 2013, in Madison County circuit court.

He sought damages from DOT Foods, a private company in Mount Sterling, for the death of state trooper Kyle Deatherage.

He also sought damages from DOT Transportation and driver Johnny Felton.

Defendants moved to transfer, arguing the suit didn’t connect to Madison County.

Circuit judge Dennis Ruth denied the motion, but Fifth District appellate judges reversed him in September 2014.

They ruled that judges could hear the case in Brown, Sangamon, or Montgomery counties, but not Madison.

In October 2014, Keefe and Deatherage held a press conference to suggest that Supreme Court Justice Lloyd Karmeier manipulated the Fifth District as a favor to DOT Foods owners.

The event, which was held weeks before Karmeier’s retention election, happened at around the same time other lawyers bought television time to accuse him of favoring campaign contributors. Keefe also paid for anti-Karmeier robo calls that Deatherage recorded.

Voters retained Karmeier.

Deatherage then chose Montgomery County over Brown and Sangamon.

Next, she testified at the Capitol about the injustice of the transfer.

Defendants deposed her in July, and one of them asked about dating.

Keefe ordered her not to answer.

Defendants moved to compel a second deposition, arguing that the question related to her claim of grief and mental suffering.

Illinois did not allow such a claim in a wrongful death suit until 2007, and neither side in Hillsboro has brought forth cases that shed light on its meaning.

In September, Jarman found the question relevant and ordered another deposition.

Keefe moved for reconsideration.

Then he turned up the temperature by moving to sanction DOT Foods counsel Don Devitt and DOT Transportation counsel Don Tracy.

Keefe claimed they took a company witness out of the room for 20 minutes and brought him back to change his testimony.

Devitt and Tracy answered with a motion for a protective order, writing that they had refrained from bringing Keefe’s conduct to the court’s attention.

They wrote that his motion for sanctions compelled them to disclose transcripts and emails showing “efforts to intimidate defendants and their attorneys.”

They unloaded months of bitter messages including a July 18 tirade against Tracy, a member of the family that owns DOT Foods.

Keefe had just learned that DOT Transportation relieved its lawyer of duties, and he asked if that meant Tracy would actually try the case.

“I, for one, will waive my fee if you will,” Keefe wrote.

“I will work the trial date around your Illinois Gaming Board duties and your cocktail hours with the Governor. Are you a member of the Wine Club?

“Your company’s behavior seems to be precisely the kind of chicanery your pal Bruce is trying to protect.

“I think with more digging we could make this a George Ryan redux – a high level appointment of the Governor representing and is a part owner of a company whose corrupt safety practices killed a state trooper and that same company hires and pays the lawyer for the poor driver from Georgia and gets him to plead guilty to a felony to avoid a high profile trial and a public viewing of the company’s dirty laundry?”

Devitt and Tracy concluded each section of the motion by writing, “This court should not tolerate this conduct.”

They also responded to Keefe’s motion for sanctions, and he replied by calling their conduct reprehensible, shameful, and unethical.

He accused them of leaking to the Record.

With all these disputes ripe for hot debate in Jarman’s court on Monday, Dec. 14, the temperature suddenly dropped.

On Friday, Dec. 11, lawyer Louis DePaepe of Taylorville entered an appearance as Keefe’s co counsel.

By Monday morning, all parties had agreed to cancel the hearing.

Later that day, Jarman filed an agreed order bearing his signature and those of Keefe, DePaepe, Devitt, and Knapp’s partner Donald Ohl.

It provided that Deatherage withdrew the motion for reconsideration of a second deposition and the motion for sanctions.

It provided that DOT Foods and DOT Transportation withdrew their motion for protective order, “in reliance on this order and plaintiff’s representation by co-counsel, Louis DePaepe, and on the agreement and representation by counsel Thomas Keefe, that said counsel shall be dedicated to proceeding with discovery in civil fashion and without resort to any comments that would be construed by this Court to be snide, insulting, derogatory, uncivil or harassing.”

The agreed order also banned press conferences, robocalls, blast emails, legislative appearances, or media interviews without his leave.

It banned disparaging remarks to parties having no connection to the case.

It ordered prompt discussion of discovery disputes or accusations of misconduct prior to the filing of any motion for sanctions.

A Missouri woman is suing a Belleville psychiatric center, alleging negligence after she says she was injured when a chair she was sitting in collapsed.

Kelly Reno filed a lawsuit on Nov. 30 in St. Clair County Circuit Court against Psychiatric Services of Southern Illinois in Belleville.

According to the complaint, on Feb. 13, 2014, Reno sat on a chair in the foyer of the defendant's office but the chair was unstable and unable to hold the weight of the plaintiff. As a result, the chair collapsed. 

The plaintiff alleges her neck, head and back were injured. She alleges she suffered pain and expects to continue to suffer further pain. In addition, her medical expenses and lost wages have totaled nearly $2,000 each, the suit says.

Reno seeks less than $50,000, court costs and attorney fees. She is represented by attorney Mark R. Bahn of McAvoy & Bahn in Fenton, Mo.

St. Clair County Circuit Court case number 15-L-682.

Three plaintiffs are suing a Belleville hospital and a manufacturer, alleging negligence for damages caused by the implantation of a medical device.

Paula Goodrich, her husband Jeff Goodrich, and Patsy Dover filed a lawsuit on Nov. 25 in St. Clair County Circuit Court against Protestant Memorial Medical Center, doing business as Memorial Hospital, where the procedures took place, and American Medical Systems, which manufactures the device, alleging negligence.

According to the complaint, the Monarc subfascial hammock, a device inserted in the pelvis of Paula Goodrich and Patsy Dover, caused each biomechanical problems. These included, the suit states, the propensity of the device to contract or shrink, causing damage to the surrounding tissue, the propensity of the device to gradually elongate and deform within the body, and the propensity for the device to degrade or fragment over time, causing chronic inflammation. 

The plaintiffs allege they did not discover the injuries were a result of the device until a physician removed it from each of them. Both plaintiffs say they experienced pain, disability and loss of a normal life, have paid and will pay for medical treatment and will suffer and loss of income.

Jeff Goodrich alleges loss of consortium due to his wife's injuries.

The three plaintiffs seek at least $50,000, plus court costs and attorney fees. They are represented by attorney Joseph A. Bartholomew of Cook, Ysursa, Bartholomew, Brauer & Shelvin in Belleville.

St. Clair County Circuit Court case number 15-L-679.

A Cahokia woman, on behalf of her minor child, is suing a local daycare center, alleging sexual molestation..

Tammy Bradley, as mother and next friend of her daughter a minor, filed a lawsuit on Nov. 25 in St. Clair County Circuit Court against Melba King Sanders, doing business as Open Arms Daycare Center in Cahokia, alleging negligence and willful and wanton disregard for the safety of a minor.

According to the complaint, the minor plaintiff was one of the children who attended the defendant's daycare center and on a day in July, the child was allegedly sexually molested while under the defendant's care. 

The suit says the perpetrator of the molestation is Donnie Russell, the son of Sanders. He was charged for his actions and pleaded guilty. The suit says Russell committed similar acts before Bradley's daughter was abused, which were allegedly reported to the Department of Child and Family Services. 

Therefore, the suit states, Sanders was aware of her son's criminal actions, but she still put children in harm's way.

Bradley seeks at least $50,000 for both charges, court costs and attorney fees. She is represented by attorney Jeffrey S. Deutschman and Bradley A. Skafish of Deutschman & Associates PC in Chicago.

St. Clair County Circuit Court case number 15-L-677.

A Cairo woman is suing a national trucking company and a driver, alleging negligence over injuries she sustained in an accident while pregnant.

Trisha Maupin filed the lawsuit on Nov. 25 in St. Clair County Circuit Court against Johnathon Michael Bevil, as agent and employee, and Schneider National Carriers, for which Bevil was driving a vehicle at the time.

According to the complaint, on Dec. 3, 2013, Bevil was driving north on Interstate Highway 57 when he allegedly hit the car in which the plaintiff was a passenger in the back seat. The suit says Bevil was negligent for driving too fast and for failing to keep control of the vehicle.

The plaintiff, who was pregnant at the time of the accident, alleges her back was injured. The suit says she has been hindered from attending to her usual duties, will become liable for medical expenses and will lose income.

Maupin seeks at least $50,000 from each defendant, plus court costs and attorney fees. She is represented by attorney Bob L. Perica of The Perica Law Firm PC in Wood River.

St. Clair County Circuit Court case number 15-L-678.

An Illinois couple is suing a medical group and physicians, alleging the husband suffered disabling injuries from an injection in his neck.

Bill Blechinger and Kimberly Blechinger filed a lawsuit on Nov. 18 in St. Clair County Circuit Court against Dr. Alejandro J. Alvarado, HSHS Medical Group Inc., Dr. Robert N. Corprew, Midwest Emergency Department Services, and St. Joseph's Hospital, of the Hospital Sisters of the Third Order of St. Francis.

According to the complaint, on March 20, Bill Blechinger came under the care of Alvarado, licensed to practice and employed by HSHS Medical Group. A day later, the plaintiff entered the emergency department at St. Joseph's Hospital where his care was assumed by Corprew, the lawsuit states.

The suit alleges Corprew negligently and carelessly administered an injection to Blechinger absent a sterile environment into the lumbar space, causing an infection.

The complaint says the plaintiff has been crippled, permanently disabled and suffers great pain, mental anguish and disfigurement, has been permanently prevented from attending to his usual duties, has lost wages and income and has incurred medical expenses of great amounts.

Kimberly Blechinger, the suit says, has become liable for large amounts of medical expenses and has been permanently deprived of the consortium of her husband.

The Blechingers seek at least $75,000, plus court costs and attorney fees. They are represented by attorney Thomas Q. Keefe Jr. of Keefe & Keefe PC of Belleville.

St. Clair County Circuit Court case number 15-L-661

An Illinois woman is suing over her husband's exposure to benzene, which she alleges led to his premature death. 

Barbara Dickerson filed the suit individually and as special representative of the estate of her husband, Steven C. Dickerson, on Dec. 8 in Madison County Circuit Court against Marathon Petroleum Corporation, Meyer Oil Company and Illinois Tool Works.

According to the complaint, from 1980 through March 15, 2012, the decedent worked as an operator at a Marathon refinery, where he allegedly was exposed to benzene.

From 1995 through 2013, he purchased Marathon brand gasoline for use in his lawn care business from a gas station owned by defendant Meyer. That gasoline also allegedly exposed him to benzene, the suit states.

The decedent purchased cleaners for use in his lawn care business manufactured by ITW, the suit states. Those cleaners also allegedly exposed him to benzene.

The decedent died July 5, 2014, of myelodyspastic syndrome, for which he was diagnosed on Jan. 2, 2014. Benzene is a known cause of the disease, according to the complaint.

This case is brought under the Illinois Wrongful Death Act.

All three defendants are being sued for alleged negligence, intentional wrongful misconduct, negligent manufacture, negligent failure to warn and defective product.

In addition to a trial by jury, the plaintiff seeks at least $50,000 from each defendant plus court costs and attorney fees. She is represented by Thomas E. Schwartz and Justin D. Guerra of Holloran Schwartz and Gaertner LLP of St. Louis. 

Madison County Circuit Court case number 15-L-1595

A Granite City man is suing a motorist who allegedly was unable to stop her vehicle before colliding with his truck and causing him personal injury.

James L. Miller filed the suit on Dec. 4 in Madison County Circuit Court against Jenna K. Gorden of Godfrey. 

On Jan.16, the plaintiff claims he parked a commercial truck off the side of West Delmar Avenue in Godfrey so he could make a delivery to a residence. According to the suit, his vehicle was completely off the roadway, and he was standing behind it with the liftgate fully elevated.

The defendant was operating a vehicle and approached the plaintiff's parked truck from behind. She allegedly collided with the vehicle and the plaintiff, causing him multiple injuries.

Her alleged negligence included failure to keep the vehicle within its lane of traffic and under proper control, operating the vehicle on the shoulder of the road, and failure to brake and reduce speed.

Miller claims he paid for medical care for his injuries, his earning capacity has been negatively affected and he continues to suffer great physical pain, the suit says.

He seeks at least $50,000, court costs and attorney fees. He is represented by Matthew J. Marlen of Belleville. 

Madison County Circuit Court case number 15-L-1574

A Madison County man is suing his insurance company, alleging it did not pay damages as dictated by his motor vehicle policy.

John H. Barnes filed the suit on Dec. 2 in Madison County Circuit Court against Allstate Insurance Company.

The plaintiff claims he was injured in a motor vehicle collision on May 26, 2014. According to the suit, he provided Allstate with prompt notice and expected the defendant to pay for his losses pursuant to the underinsured motorist coverage he had paid for. The defendant, however, allegedly has refused to pay those damages. 

Barnes' suit alleges breach of contract and refusal to pay. In addition, a statute exists in Illinois that provides for the recovery of attorney fees as well as a penalty when an insurer's delay in settling a claim is unreasonable. 

The plaintiff seeks at least $50,000, attorney fees, court costs and other damages. He is represented by Rodney D. Caffey of the Caffey Law Firm in Godfrey.

Madison County Circuit Court case number 15-L-1557

A man is suing over injuries he allegedly suffered after falling on ice behind a Best Buy store.

Richard Fancher filed the suit on Dec. 7 in Madison County Circuit Court against Best Buy No. 1426 and Capitol Realty Group.

On Nov. 27, 2014, the plaintiff says he slipped on ice and fell while walking behind the Best Buy at 6670 Edwardsville Crossing in Glen Carbon, which is in a building owned by Capitol Realty Group, according to the complaint.

The suit alleges Best Buy and Capitol Realty Group were negligent in failing to keep the property clean, free of ice and snow, and in a passable manner; failing to adequately warn of a condition likely to cause a fall or injury; failing to keep proper lookout for such conditions; and failing to give notice of said dangerous conditions.

Fancher alleges he hurt his back in the incident. 

He is seeking at least $50,000, but no more than $75,000, from each defendant, plus court costs and attorney fees. He is represented by Allan L. Napp of Shrempf, Kelly & Napp Ltd. of Alton.

Madison County Circuit Court case number 15-L-1582

An Illinois man recently filed suit against a grocery store after he allegedly slipped and fell on ice in its parking lot. 

Lawrence Butler filed the suit on Dec. 1 in Madison County Circuit Court against Schnuck Markets Inc. and Hanks Excavating and Landscaping Inc., which was hired to keep the parking lot clear of ice and snow.

According to the complaint, the plaintiff was grocery shopping at the Schnuck Market at 2511 E. State St. in East St. Louis on Jan. 27, 2014. After leaving the store, the plaintiff was walking toward his vehicle when he claims he slipped on ice that had allegedly accumulated due to improper shoveling and plowing or improper chemical treatment of the parking lot.

The suit alleges both defendants were negligent in failing to maintain the parking lot in a reasonably safe condition, failing to adequately remove snow and ice from the parking lot and failing to warn customers of the dangerous condition of the parking lot.

As a result of fall, the plaintiff allegedly incurred pain and disability, accumulated ongoing medical expenses, and has lost wages and expects to continue to do so in the future.

Butler seeks at least $50,000 from each defendant plus court costs and attorney fees. He is represented by Larry Darr of the Darr Firm in Alton.

Madison County Circuit Court case number 15-L-1551

MT. VERNON – Justice S. Gene Schwarm was unanimously elected to be the presiding judge of the Fifth District Appellate Court on Dec. 7.

The nomination comes as Schwarm begins his last year on the bench. 

“I was very pleased and honored,to be named,” said Schwarm. “I really appreciate my fellow members of the court giving me this opportunity… I’m very pleased to get to go out as presiding.”

Schwarm will serve in the role until Nov. 30, 2016. 

“I’ve always enjoyed the administrative work in the courts, and I really enjoyed being chair of the Conference of Chief Judges. As I look back on my judicial career, I think my work in court administration and being a chief judge was one of the highlights,” said Schwarm. 

Prior to being appointed to the appellate court, Schwarm was a circuit judge of the Fourth Judicial Circuit for 20 years. He served as chief judge of the Circuit for 13 of the 20.

In his role as presiding justice, Schwarm will, among other things, represent the Fifth District at both the Appellate Conference and the Judicial Conference held by the Supreme Court.

He said he hopes to improve the court’s administrative functioning by integrating technology into the filing system.

“We hope to see more of that happen this year,” said Schwarm. “We are kind of limited, and can only move as fast as the Supreme Court and its administrative office will allow us to move, but certainly the Fifth District is willing, I am willing, and we are all anxious to see [electronic filing] move forward.”

Schwarm will retire on Dec. 5, 2016. After retiring, he hopes to pursue other interests with his wife, who also recently retired. 

Retirement "will be great," he said.

“I’ve got a lot of interests outside of the law, and I’ll certainly pursue those. I may do some things law-related in the future, but I haven’t determined that."

A Madison County man alleges he tripped and fell while using on the Alton Casino sidewalk.

Edward Kozicky filed the suit on Dec. 8 in Madison County Circuit Court against Alton Casino, alleging premises liability and negligence.

According to the complaint, the plaintiff was at the casino operated by the defendant on Dec. 26, 2014. While walking toward the parking lot, he allegedly tripped and fell on a raised portion of the walkway.

Kozicky claims the sidewalks were uneven with height differences of greater than one inch and were in need of repair, which the defendant failed to do. He also alleges Alton Casino failed to warn guests of the hazard and failed to inspect and repair the sidewalk, the suit states.

As a result of the fall, the plaintiff claims he injured his rotator cuff enough to require surgery and the permanent placement of hardware in his shoulder. He is also experiencing and will experience pain and suffering, lost wages, medical bills and other out-of-pocket expenses, according to the complaint.

The plaintiff seeks at least $50,000 plus court costs and attorney fees. He is represented by Michael Glisson of Williamson, Webster, Falb & Glisson of Alton.

Madison County Circuit Court case number 15-L-1541

An Illinois woman is suing over injuries she allegedly suffered as the result of a Belleville automobile accident.

Sandra L. Foor filed the suit on Nov. 20 in St. Clair County Circuit Court against Louise A. Hughes.

According to the complaint, on April 7, 2014, the plaintiff was driving her car on Lebanon Avenue near its intersection with Illinois Route 159 in Belleville. At the same time, the defendant was driving in the same northerly direction.

Foor alleges the defendant failed to control the vehicle, was driving at an excessive rate of speed and failed to stop, causing her to rear-end the plaintiff's vehicle. As a result, the plaintiff alleges injuries.

Those injuries include her left wrists, right arm, shoulder, neck, back and other body parts. She has spent money seeking medical attention and has missed numerous work days; she expects both situations to continue into the future, the suit states.

The plaintiff seeks at least $50,000 plus court costs and attorney fees. She is represented by Gary Mack of the Law Offices of Gary Mack of Belleville.

St. Clair County Circuit Court case number 15-L-667

St. Clair County Real Estate :




December 7, 2015




Belleville



•$39,500- 308 Lucinda Ave. - Harold O. and Esther R. Sprehe to Carolyn Birth
•$45,000- 6305 W. Washington St. - Tempo Bank to Kalidah Jonas
•$32,000- 1229 N. 17th St., Apt. 2 - Jean Gilmary Weachter to Billie Jean Sachtleben
•$14,250- 1112 W. D St. - The Bank of New York Mellon to Ashley Rick
•$24,500- 3700 Michelle Dr. - Nationstar Mortgage to Larissa Tozzi




Cahokia



•$11,000- 108 Lauralee Dr. - Martha Shavers to Larry L. Blue




E. St. Louis



•$2,500- 124 St. Barbara Ln. - Fannie Mae to Kaja Holdings




Marissa



•$40,000- 101 Sunrise Dr. - Jame Allan Lloyd, Myron Steven Lloyd and Allan L. Lloyd to Jason E. Buss




Mascoutah



•$135,000- 4800 State Route 4- Secretary of VA to Terry L. and Pamela S. Goodwin
•$169,500- 503 W. Church St., 508 W. Green St. - Charles K. and Margaret L. Daugherty to Bernard John Norrenberns




Milstadt



•$180,000- Douglas Rd. - Kenneth Lee and Sherry Ann Brown to Leslie and Earl Mehrtens




OFallon



•$347,897- 1104 Keats Way Ct. - Huntington Chase Homes to Kimberly Ann Yates




Smithton



•$207,500- 4734 Rockledge Tr. - Joshua and Natalie Sandler to John and Kimberly Slukis




Swansea



•$121,000- 37 Bettina Dr. - Joyce Jackson to Kristopher and Courtney Slaten







December 8, 2015




Belleville



•$58,000- 1307 N. Charles St. - Bonnie Nash to Kimberly Alison Hays
•$130,000- 2960 Mulligan Ln. - Florence Fleshren to Brian G. and Teri L. Fleshren
•$90,000- 2667 Brookmeadow Dr. - Bayview Loan Servicing to Ashley Whitelow




Cahokia



•$42,000- 206 Miskell Blvd. - Laverta Jean Patrick, Peter S. Kuerschgen, Douglas C. Miller, Trudi A. Crafton, Sue M. Haines to Rebecca Johnson




Caseyville



•$60,000- 211 Twin Dr. - Bruce K. York to David Ahlvers
•$60,000- 37 Athlone Dr. - Cynthia J. Kuschel to Susan M. Havlen




Collinsville



•$105,000- 111 Oakwood Dr. - Tyler Louis Sandretto to Chance Web and Natalie Gemberling
•$119,500- 107 Echo Valley Dr. - Alma R. McMillion to Lois Cook




Dupo



•$12,334- 1616 Falling Springs Dr. - JPMorgan Chase Bank to Reca Limited Partnership




E. St. Louis



•$7,000- 448 Jerome Ln. - Anheuser - Busch Employee's Credit Union to Jamreson L. Merritt




Fairview Heights



•$162,377- 874 Harbor Woods Dr. - McBride and Son Residential IL to Jason Wu and Jennifer Wu
•$180,372- 9417 Marbarry Dr. - McBride Summit Springs to John E. Richardson II




Freeburg



•$30,000- 408 N. Main St. - Secretary of HUD to John Moeser




Millstadt



•$496,656- Saeger Rd. - Dale and David Gruenewald to Linda R. Germann
•$271,000- 7338 Wirth Rd. - Stephen K. and Christine A. Dunaway to Kevin A. and Connie A. Kinder
•$71,500- 620 W. Madison St. - J&J Hauling Services to Cody Gallagher




OFallon



•$282,000- 1316 Merriam Pky.- D&F Contracting to Vicki Paskert




Smithton



•$380,000- 4200 Laurel Oak Ln. - Jane E. Lange and Stephen K. and Chris Dunaway




Swansea



•$148,000- 1792 Ambrose Terrace Dr. - Elkhorn Properties to nakeesha R. Tolden-Mosley
•$55,500- 1510 Helen St. - SSRG Property Management to Sally Moore







December 9, 2015




Belleville



•$2,436,100- 525 W. Main St. - CQC ESOP RP I LLC to RD Richland LLC
•$1,463,900- 521 W. Main St. - CQC ESOP RP I LLC to RD Richland LLC
•$47,000- 1509 W. Main St. - Collective Development to Nancy A. Taylor
•$436,050- 29 Kingery Ct. - Shawky and Azza Farag to Kirby Holding Group
•$418,950- Kingery Ct. - Working Dirt R2 LLC to Kirby Holding Group
•$98,700- 1615 Westhaven Dr. - Sheila Glenn to Steven Young




Caseyville



•$53,500- 200 W. Lincoln- James V. and Sharon A. Eisele to Michael and Kimberly Allen
•$450,000- 914 Far Oaks Dr. - Gerald Paskert to Daniel C. Senft




Fairview Heights



•$143,000- 998 Northwestern Ave. - William Fox to Christina Jenkins




Lebanon



•$13,000- 10933 Jakewood Dr. - Secreatary of HUD to Christopher Stroot




Mascoutah



•$62,000- 514 E. Main St. - US Bank Trust to Midwest Housing




OFallon



•$186,000- 405 Pepperwood Ct. - Curtis L. Schildknecht to Patricia H. Sheehan
•$167,000- 500 Mulberry Ln. - Patricia Zoska to Charlaine J. Cavicchia
•$250,000- 1229 Merriam Pky.- Innovation Construction Services to Jonathan Currier




Shiloh



•$254,000- 2616 Lake Lucerne Dr. - Daniel Forguson and Amanda Kadell to Stephen John and Jennifer Lynn Dilley




Swansea



•$170,000- 1705 Ashton Ct. - Larry Adams and Eunae Lee to David G. Sanchez







December 10, 2015




Belleville



•$80,001- 71 Signal Hill Terrace- Federal National Mortgage to Gloria Dean Dotson




Cahokia



•$8,660- 810 St. Thomas Ln. - Secretary of HUD to Darrius J. Jordan and Ladora P. Cystrunk
•$20,000- 903 Joliet Dr. - Secretary of HUD to Scott A. and Ora T. Richardson




Caseyville



•$143,000- 1204, 1137, 1136, 1144, 1148 Pisa Dr. - Mar-Kell Group to Sean Turner and Brian Rader




E. St. Louis



•$15,051- 3115 Kingshighway - Secretary of HUD to Jose and Ernelinda Gutierrez




Fairview Heights



•$210,000- 725 Wild Horse Creek Dr. - Wendy Hipskind to Lue Ethel Smith and Willie Haynes




Lebanon



•$127,900- 700 Leann Dr. - Jared H. and Jessica R. Lamm to Kimberly L. Baumgartner




Lenzburg



•$163,000- 3225 Lickenbrock School Rd. - Beverly A. Gale and Nicholas D. and Sandra L. Hummert




Millstadt



•$3,000- 725 Adm. Wendt Pky. - Katherine S. McDonald to Gary A. and Maureen Mueth




OFallon



•$106,000- 310 Mulberry Ln. - Estate of Paul Mason to Codi Dew




Shiloh



•$47,500- 3408 Dakota Dr. - Shiloh Building Group to Homes by Deesign




Smithton



•$307,262- 4901 Lone Rock Ln. - LF & Son Construction to Darrell and Karen Beals