EDWARDSVILLE – A Madison County personnel business is suing a health and beauty company, alleging unpaid balance for a contract. 

Unique Personnel Consultants Inc. filed a lawsuit Dec. 23 in Madison County Circuit Court against Sigan America LLC, a private-label manufacturer of health and beauty products with a facility in Ottawa, alleging breach of contract and unjust enrichment.

According to the complaint, on Sept. 4, 2014, Unique Personnel entered into an oral agreement wherein Sigan America agreed to compensate the plaintiff for its employment services. The plaintiff provides its employees with vacation pay, holiday pay and health insurance, so that its clients don't have to, the suit says.

The defendant agreed to pay the plaintiff a rate of 26.5 percent markup for all positions staffed by the plaintiff. In return, the lawsuit states, Unique Personnel agreed to provide Sigan America with employees, and to cover employees' wages, payroll tax, workers compensation and other employment requirements.

No formal agreement was signed by the parties, but the defendant accepted the plaintiff's terms when it accepted 66 initial employees, as well as subsequent employees, and by paying the plaintiff, the suit says. As a courtesy to the defendant, Unique Personnel allowed weekly payments for its services, and the defendant did so, the complaint states.

On Sept. 1, Sigan America ended its relationship with the plaintiff, at which time there was an outstanding balance of more than $800,000, the suit says. The plaintiff demanded payment and the defendant refused, the suit alleges, even though the defendant continued to make weekly payments. The last payment the defendant made was Oct. 29, leaving a remaining balance of $153,513, the suit says.

Unique Personnel Consultants seeks the outstanding balance owed, plus accrued interest and other relief the court deems proper. It is represented by attorney Andrew G. Toennies of Lashly & Baer PC of St. Louis.

Madison County Circuit Court case number 15-L-1667

BELLEVILLE – A Toledo, Illinois, woman is suing more than 50 companies, alleging she developed a serious medical condition from inhaling asbestos fibers her father worked around, and brought home on his clothing and person.

Charity Johnson filed a lawsuit Dec. 9 in St. Clair County Circuit Court against Aurora Pump Company, General Electric Company, Ford Motor Company, Honeywell International and more than 50 other companies, alleging negligence, conspiracy and willful and wanton misconduct.

According to the complaint, Johnson's father was employed as a welder, an auto mechanic and in construction throughout his working life, many times around asbestos. Dust created by working around asbestos-containing products permeated his clothing and Johnson's father world carry this dust home with him, repeatedly exposing the plaintiff to the dust, the suit says.

On Dec. 12, 2013, the plaintiff discovered that she had developed mesothelioma, caused by the inhalation of asbestos dust, the lawsuit states. Not only does she expect a premature death because of the condition, she has spent large sums of money for medical care, has experienced pain and mental anguish, has been hindered in her normal course of employment and her family will continue to be deprived of her means of support, the suit says.

The plaintiff seeks at least $50,000 from each defendant. She is represented by attorneys Ethan A. Flint, Carson C. Menges and Laci M. Whitley of Flint Law Firm in Glen Carbon.

St. Clair County Circuit Court case number 15-L-693

BELLEVILLE – An Illinois couple is suing nearly 70 companies and Metropolitan Life, alleging the husband developed asbestosis, a lung cancer, after working around asbestos.

Lee Sturdivant and Betty Sturdivant filed a lawsuit Oct. 29 in St. Clair County Circuit Court against Borg-Warner Morse LLC, Cooper Crouse-Hinds LLC, Dow Chemical Company, Honeywell International Inc. and Sherwin-Williams Company, among more than 60 other listed defendants as well as Metropolitan Life Insurance Company.

According to the complaint, Lee Sturdivant served in the U.S. Army from 1971 to 1976, and was employed at various locations in various occupations until 1984. The suit says during his employment he was exposed to, inhaled, ingested or absorbed large amounts of asbestos fibers. 

On March 28, 2013, the plaintiff became aware he had developed lung cancer as a result of years of exposure to asbestos, the suit states.

Betty Sturdivant alleges lack of consortium resulting from her husband's illness.

Lee and Betty Sturdivant each seek more than $50,000 from each defendant for a number of counts, including negligence. 

The count against Metropolitan Life alleges conspiracy. The suit says Met Life conspired to discredit and terminate the studies and experiments of scientists who were developing data about the dangers of asbestos. The suit further alleges Metropolitan actively suppressed publication of articles about asbestosis in Asbestos Magazine, a source of information to the public and to users of asbestos products, including the plaintiff. 

The plaintiffs are represented by attorneys Randy L. Gori and Barry Julian of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 15-L-618

EDWARDSVILLE – A Madison County man is suing an Alton casino, alleging negligence over a trip and fall he says he sustained while using the casino's sidewalk. 

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

According to the complaint, on Dec. 26, 2014, Kozicky was at the casino. While walking toward the parking lot, he tripped and fell on a raised portion of the walkway, the suit says. 

The lawsuit states the sidewalks were uneven with height differences of greater than 1 inch, were in need of repair, which the defendant failed to do, and failed to warn guests of the hazard and inspect and repair the sidewalk.

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

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

Madison County Circuit Court case number 15-L-1541

Illinois State Representative Dwight Kay says he supports consolidation recommendations put forth by the state’s Local Government Consolidation and Unfunded Mandates Task Force.

Governor Bruce Rauner created the task force in February 2015 to help find ways of “delivering efficient, effective and streamlined government to Illinois taxpayers.” The task force’s report, published Jan. 4, outlined 12 consolidation-related recommendations and 15 unfunded mandate recommendations to reduce the cost of living in the state. 

“The consolidation plan that’s been put forth by the governor is one that I, at first glance, approve of.” Kay said. 

“People in the district tell me all the time that the property tax rates are far too high. And I think that consolidation lessens the burden.”

Illinois has the second-highest property taxes in the nation at 2.32 percent of property value, according to the report. The next highest state, New Hampshire comes in at 2.15 percent. 

According to research by the Illinois Policy Institute, since 1990 property taxes have grown more than three times faster than the median household income. 

These high rates are caused in part by the high number of local taxing bodies. Illinois is the only state in which a majority of residents live under three layers of multipurpose government. With nearly 7,000 local taxing bodies, Illinois has the most in the nation. The state with the next highest number, Texas, has nearly 1,800 fewer local taxing bodies. 

“People are concerned about how they’re going to pay their tax bills,” Kay said. “We have a responsibility to assure the tax payer that they’re not paying for something they don’t need or don’t get.” 

The issue is compounded by unfunded mandates imposed on local governments by the state. The number has skyrocketed in the last 25 years, with 266 new unfunded mandates, according to the report. The most expensive of these include public pension benefits, collective bargaining and interest arbitration, and workers' compensation, the report indicates.

One big roadblock to consolidation is that Illinois citizens have little or no power to consolidate or dissolve local governments, the report says. Placing a binding government-merger referendum on the ballot requires signatures from 10 percent of voters across all affected townships, and they must be collected within 90 days.  

Kay agrees with the task force that this state of affairs needs to change. “I favor a commonsense consolidation,” he said. “I think that’s needed and it’s needed quickly.”

Consolidation has worked before. Lawmakers gave DuPage County the green light to pursue aggressive consolidation, the report says. The county estimates that its consolidation efforts will save taxpayers $116 million over the next 20 years. 

The consolidation recommendations, which were created through months of study and examination, will serve as a roadmap to future action by the state. “I think they’ve done their due diligence,” Kay said. “It’s a pretty good start.”

SPRINGFIELD – The Illinois Supreme Court has denied attorney Stephen Tillery's request to recall a mandate the Court issued a decade ago after it struck down a $10.1 billion judgment against Philip Morris.

In the same announcement posted this afternoon, the Court also denied Tillery's move to recuse or disqualify Justice Lloyd Karmeier from hearing the matter.

Only Justice Robert Thomas did not participate in the decisions.

Karmeier denied a similar recusal motion last year, after Tillery’s bid to restore the judgment reached the Court from the Fifth District Appellate Court.

Years of proceedings in Price v. Philip Morris over the marketing of "light" cigarettes culminated with a decision on Nov. 4 when the Justices told Tillery he should have brought his case to them directly instead of reopening it in circuit court.

Two weeks later on Nov. 17, Tillery attorney Robert King moved to recall the mandate and recuse or disqualify Karmeier.

“This motion is the latest chapter in a long standing attempt to hold Philip Morris accountable for its unconscionable fraud,” King wrote.

“If there were ever a civil case which presented the kinds of extraordinary circumstances warranting a recall of a mandate of this Court, this is the case.”

Tillery sued Philip Morris in 2000, in Madison County, claiming it deceived smokers into expecting health benefits from light and low tar brands.

He sought the difference between what smokers paid and what they would have paid if Philip Morris hadn’t deceived them.

Former circuit judge Nicholas Byron certified lead plaintiff Sharon Price to represent millions of smokers.

Philip Morris asked for a jury, and Byron denied it.

He held trial in 2003, and awarded all the damages Tillery claimed.

Byron added punitive damages and allocated them to causes he found worthy.

He also awarded Tillery’s legal team $1.8 billion.

The Justices reversed Price in 2005 on federal preemption grounds.

The majority, which included Karmeier, found they could not apply state law because the Federal Trade Commission authorized light and low tar labels.

Those Justices expressed concern about certification of the class and calculation of the damages, but found it unnecessary to address those items.

Tillery petitioned for rehearing and didn’t get it.

He petitioned the U.S. Supreme Court for review and didn’t get it.

In 2006, the Illinois Supreme Court issued a mandate to Byron.

Byron signed an order dismissing the case, but that didn’t stop the action.

Tillery has kept it going by pleading that new evidence contradicts the Supreme Court’s decision.

He argues that in 2008, in a separate case, the Federal Trade Commission took a position that it never authorized light labels.

Tillery persuaded Fifth District judges so well that they reinstated Byron’s judgment in May 2014.

On Nov. 4, the Supreme Court vacated the appellate justices’ decision finding they acted as a superior court to the Supreme Court.

Still, they did not end the action.

The majority held that if the class wanted to offer new evidence, the class should move to recall the mandate.

WASHINGTON — Forced unionization of government workers may be on the brink of ending in the United States if questions asked Monday by justices of the U.S. Supreme Court are any indication.

Rebecca Friedrichs, a California public school teacher, is challenging the constitutionality of being forced to give money to the union that represents teachers in her school district.

Friedrichs spoke to reporters minutes after her case was argued before the court.

“I’m here today with my fellow plaintiffs because our voices have been silenced for decades by forced unionism,” she said. “The unions forced me to fund collective bargaining efforts that were harmful to my students, and that’s offensive to me. When the union protects teachers who are abusive or who are no longer effective in the classroom at the expense of small children, I have a moral dilemma with that,”

Government workers can now be forced to subsidize unions by paying agency fees or “fair share dues” because of a Supreme Court decision made 39 years ago, Abood vs. Detroit Board of Education.

Justice Stephen Breyer, a liberal stalwart, said he see merits in Friedrichs’ argument but questioned whether it is appropriate for the court to overturn the Abood precedent.

He noted the nation depends on a stable set of legal precedents and that it would create chaos if the high court routinely overturns itself.

David Frederick, a lawyer for unions involved in the case, expressed fear that overturning Abood could create a class of “free riders” who benefit from union-negotiated wages and benefits but refuse to financially support the unions.

But Chief Justice John Roberts countered, “If employees have shown overwhelmingly they want collective bargaining, it seems to me the free rider problem is insignificant.”

Justice Anthony Kennedy, who is often the swing vote on the court, said the issue is one of “compelled riders” not “free riders.”

“The union is basically making these teachers compelled riders on issues which they strongly disagree,” he said.

Kennedy, along with Justices Samuel Alito, Antonin Scalia and Roberts were critical of the Abood precedent. Justice Clarence Thomas did not speak during oral arguments, which is his custom. But he is considered a near certain vote for Friedrichs.

Roberts said that by its very nature, everything a government-employee union does is political.

In fact, Roberts asked for an an example of “non-political speech” that the union negotiates.

The example California Solicitor General Edward Dumont gave was mileage reimbursement rates.

But Roberts countered that even that example constitutes political speech because it deals with how tax dollars should be spent.

“Everything that is collectively bargained with the government is within the political sphere,” added Scalia.

But Justice Sonia Sotomayor said unions need to remain viable so government can negotiate with one entity.

But Friedrichs’ attorney, Michael Carvin, told reporters that unions remain viable in the 25 states that don’t allow mandatory fees.

And he predicted a ruling in favor of Friedrichs would not disable unions.

“It may limit their revenues somewhat, but they can compensate for that by being less involved in things like politics and tend to their knitting by representing their members in collective bargaining,” Carvin said.

The high court is expected to issues its ruling by the end of June.

Mark Janus, a state worker who lives in Springfield, traveled to Washington to hear the Friedrichs case argued.

“I got involved with this because it’s historic,” said Janus, who is one of three plaintiffs who filed a similar case in Illinois. That case is on hold until a ruling comes down in the Friedrichs’ case.

“I have a difference of opinion with the union and with what they have been doing over the years. Just look at the state of Illinois and its situation,” he said. “In some cases, the unions have backed certain candidates, which goes against what the taxpayers are looking for. “

Madison County Associate Judge Stephen Stobbs denied a motion to dismiss an asbestos case filed by Ford Motor Company, relying on a statement made by Ford to the Illinois Supreme Court expressing its substantial contacts with the state.

Stobbs, who presides over the Madison County asbestos docket, filed the order denying Ford’s motion to dismiss for lack of personam jurisdiction on Nov. 6.

In his order, Stobbs noted a recently filed brief with the Illinois Supreme Court in Folta v Ferro Engineering, which stated:

“Ford is one of the world’s leading automotive manufacturers. Ford manufactures and assembles automobiles across six continents and provides related products and services. Ford conducts substantial business in Illinois and operates as assembly plant in Chicago that manufactures several vehicles, including the Taurus, MKS, Police Interceptor, and Explorer. Ford employs over 4,000 people at the Chicago Assembly Plant. In the past five years, Ford has invested over half a billion dollars in its business operations in Illinois.”

As a result, Stobbs concluded that Ford “has availed itself of the protection of the Illinois Courts and the benefits of Illinois law and by its own admission conducts substantial, not de minimus, business in Illinois.

“Ford’s contacts with the State of Illinois are substantial, therefore significantly more than the minimum contacts required by federal due process standards.”

In fact, Ford has a town, Ford Heights, named after it in Illinois.

Irene Jeffs, individually and as special administrator of the estate of Dale Jeffs, filed the lawsuit. He alleges the decedent was exposed to various asbestos-containing products while working as a union insulator for various contractors at various sites from 1968-1995.

During the course of his employment, Jeffs alleges the decedent worked at Ford’s plant in Michigan, where he was allegedly exposed to asbestos.

As a result, the decedent eventually developed mesothelioma and other asbestos-related diseases.

Ford filed its motion to dismiss, arguing that there is no alleged Illinois exposure occurring during the decedent’s time working for Ford.

Ford cites the U.S. Supreme Court’s decision in the Daimler case, arguing that there is no basis to exercise general personal jurisdiction in Illinois for the case at hand.

In Daimler, the court held that “’a court may assert jurisdiction over a foreign corporation to hear any and all claims against [it] only when the corporation’s affiliations with the State in which suit is brought are so constant and pervasive as to render [it] essentially ‘at home’ in that forum State.’”

Ford’s principal place of business is in Michigan and its State of incorporation is Delaware.

Ford also argues that the plaintiff’s reliance on personal jurisdiction by consent, pursuant to the Illinois Business Corporation Act, is misplaced.

“The Defendant argues that the Act’s requirement that foreign corporations doing business in this State, register with the Secretary of State and appoint a resident agent for service of process cannot be construed as imposing consent to general personal jurisdiction in this State over a foreign corporation,” the order explains.

Stobbs was unconvinced.

He held that while Ford’s corporate offices are in Michigan, it has a certificate of authority to conduct business in Illinois, owns property in Illinois, has authorized dealers in Illinois, employs people in Illinois and maintains a registered agent to accept service of process in Illinois.

He wrote that Ford voluntarily conducts regular business in Illinois and has done so since 1922. The defendant has also litigated numerous cases in this state, including other asbestos cases in Madison County, without objecting to personal jurisdiction.

“Considering all the factors, the Court finds that Plaintiff has met her burden of establishing jurisdiction over this Defendant and that the exercise of jurisdiction, in this case, is not inconsistent with notions of fair play and substantial justice, the fundamental consideration in finding constitutional jurisdiction,” Stobbs concluded.

Madison County Circuit Court case number 15-L-533

A Belleville hospital denies liability in a woman’s wrongful death suit alleging her husband died of cardiac arrest as a result of the defendants’ negligence.

Barbara Tanner, as special administrator for the estate of Bryant Tanner Jr., filed the lawsuit on Oct. 19 against Prairie Cardiovascular Consultants, Dr. Paban Saha and St. Elizabeth’s Hospital of the Hospital Sisters of the Third Order of St. Francis.

According to the complaint, Bryant Tanner Jr. died on Jan. 23 after he was admitted to St. Elizabeth’s Hospital in Belleville for treatment of atrial fibrillation. While there, he was allegedly under the medical care of Prairie Cardiovascular Consultants and Saha. Following his treatment, the decedent allegedly developed abnormal cardiac activity, which led to cardiac arrest and his death, the suit states.

St. Elizabeth’s Hospital answered the complaint on Oct. 30 through attorney Michael Nester of Donovan Rose Nester in Belleville. It denies liability in the wrongful death suit and argues that any alleged injuries were caused by third parties.

The plaintiff answered the affirmative defenses on Nov. 4 through attorney Mary Mansfield Brauer of Cook, Ysursa, Bartholomew, Brauer & Shevlin in Belleville, claiming that the alleged damages were caused “in whole, or in part,” by St. Elizabeth’s Hospital.

The plaintiff seeks damages in excess of $50,000.

St. Clair County Circuit Court case number 15-L-593

A nurse at a Cahokia nursing center claims that while she can’t remember the details of a patient’s alleged falls, she asserts that all protocols were followed in the wrongful death action.

Betty Ball, administrator of the estate of Dianne Ball, filed the lawsuit on Sept. 29 against Cahokia Nursing & Rehabilitation Center, SW Financial Services Company and nurses Charlene Chukukere and Eddie Williams Jamison.

According to the complaint, Dianne Ball was admitted to Cahokia Nursing & Rehabilitation Center on Nov. 13, 2013. She was considered to be at high risk for falls and was dependent on the health care providers to provide her with mobility assistance.

However, after experiencing three falls toward the end of her first month there, she was admitted to the ICU at Memorial Hospital in Belleville. She later died on Dec. 14, 2013.

The plaintiff alleges the nursing center and its nursing staff failed to develop an up-to-date care plan based on the decedent’s needs, failed to take all necessary precautions to prevent her from falling and failed to provide her with appropriate care and services that would allow her to maintain the highest practicable level of well-being.

She also alleges SW Financial failed to ensure the nursing center was sufficiently staffed with qualified medical professionals and nurses to provide adequate care to the residents. She also alleges the defendant failed to check that all policies and procedures were being properly implemented.

Chukukere answered the complaint on Oct. 30, denying the allegations against her. She is representing herself pro se.

“Mrs. Bell fall, and all facility protocols followed. This writer cannot recall everything that happened that day. Im (sic) for sure that I did follow protocol of Cahokia Nursing of Rehab,” her handwritten answer stated.

On Dec. 7, Circuit Judge Andrew Gleeson granted the remaining defendants additional time to answer the complaint and scheduled a status conference for April 11 at 9 a.m.

Betty Ball seeks damages of more than $50,000, plus attorney’s fees and costs.

The plaintiff is represented by Paul Richter and Caitlin Finnegan of Kralovec, Jambois & Schwartz in Chicago.

St. Clair County Circuit Court case number 15-L-557

An Illinois woman is suing over injuries she allegedly sustained after the defendant's vehicle collided with hers in Highland.

Eleanor F. Nyman filed the suit on Dec. 21 in Madison County Circuit Court against Patricia Brown, who resides in Highland. 

According to the complaint, on Oct. 7, the plaintiff was driving west on Beltline Road near its intersection with Gulfview Road in Collinsville. The defendant was also driving west along the same roadway, approaching the plaintiff's vehicle from the rear. The suit alleges that the defendant was speeding, was driving too close to the plaintiff's vehicle and failed to avoid colliding with the plaintiff's van.

Nyman alleges that she will need to seek future medical care to treat her injuries and has lost employment wages.

She seeks at least $50,000 plus court costs. She is represented by Brad L. Badgley of Belleville.

Madison County Circuit Court case number 15-L-1641

Several real estate defendants removed a former employee’s suit alleging she was wrongfully terminated after she allegedly fell and broke her leg. 

The defendants filed a notice of removal to the U.S. District Court for the Southern District of Illinois on Nov. 12 through attorney Susan Bassford Wilson of Constangy, Brooks, Smith & Prophete in St. Louis.

They allege removal is proper based on diversity of citizenship and the amount in controversy.

Judith Kocinski filed the lawsuit on Sept. 29 against Vantage Homes of Illinois, doing business as McBride & Son Homes of Illinois, McBride & Son Residential of Illinois and McBride & Son Services Co.

According to the lawsuit, Kocinski claims she worked for the defendants as a sales manager selling homes from September 2014 through June 12, 2015.

While acting in the scope of her employment, she alleges she fell while walking down a flight of outdoor steps on McBride’s premises in St. Clair County on Dec. 6, 2014. As a result, she claims she suffered a broken right leg.

Kocinski filed a claim with the Illinois Workers’ Compensation Commission on Jan. 27, 2015. She was later terminated in June.

She alleges the defendants had no just reason or cause for terminating her employment and failed to provide her with any reason for termination.

The plaintiff seeks compensatory and punitive damages of more than $50,000, plus costs of the suit.
Kocinski is represented by Edward Szewczyk of Callis Papa & Szewcyzk in Granite City.

St. Clair County Circuit Court case number 15-L-559

A former railroad engineer was ordered to file an amended complaint in his lawsuit, which alleges harassment by his supervisor and fear of physical contact caused him to suffer a heart attack.

Eddie McCandrew filed the lawsuit on Oct. 13 against the Illinois Central Railroad Company and its subsidiaries.

According to the complaint, McCandrew was an engineer with the Illinois Central Railroad Company. He alleges that while at work, he was harassed by his supervisor, which he claims caused his heart attack. Then when he returned to work, he claims his supervisor’s harassment continued. As a result, he was forced to resign, the suit states.

On Dec. 7, Circuit Judge Andrew Gleeson filed an order for McCandrew to file an amended complaint naming only Illinois Central Railroad Company as a defendant and dismissing its subsidiaries.

McCandrew filed his first amended complaint on Dec. 14 through attorneys Charles Armbruster and Michael Blotevogel of Armbruster Dripps Winterscheidt & Blotevogel in Maryville.

Gleeson scheduled a case management conference for May 31 at 9 a.m.

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

St. Clair County Circuit Court case number 15-L-582

A Sauget night club denies liability in a patron’s Dram Shop suit alleging her left ear was partially bitten off by another patron during an altercation.

Amber Hausey filed her complaint on Oct. 26 against The National Sports and Recreation Company Oz, which is the owner of the Oz Night Club in Sauget. She alleges violation of the Dram Shop Act.

According to the complaint, Hausey alleges she was assaulted while at the Oz Night Club on Sept. 5. As a result of the assault, she alleges her left ear was partially bitten off by an intoxicated patron.

The defendant answered the complaint on Dec. 7 through attorney Michael Constance of Joley, Oliver & Beasley in Belleville. It denies liability in the incident.

Hausey seeks damages of $65,511.

The plaintiff is represented by Brad Badgley of Belleville.

St. Clair County Circuit Court case number 15-L-604

Home Décor Liquidators denies liability in a woman’s lawsuit alleging the tripped and fell in a pot hole in the store’s parking lot.

Donna Dinteman filed a lawsuit on Oct. 31 against Home Décor Liquidators LLC, James Combs, Ryan Sy, Hilliker Corporation and Hilliker Properties LLC.

According to the complaint, Dinteman claims she was in the parking lot of the Home Décor Liquidators store when she allegedly tripped on a pot hole, crack or fissure and fell. As a result, she alleges she sustained injuries.

She alleges the defendants failed to properly maintain the parking lot, the suit states.

Home Décor Liquidators answered the complaint on Dec. 14 through attorney David Hesi of Bingley Hart & Hesi in Oklahoma City. It denied liability in the alleged incident.

Circuit Judge Vincent Lopinot scheduled a status conference for Jan. 19 at 9 a.m.

The plaintiff seeks damages in excess of $50,000.

Dinteman is represented by The Simon Law Firm in St. Louis.

St. Clair County Circuit Court case number 15-L-599

A Missouri corporation and an Illinois man are suing over the defendants' alleged interference with their ability to conduct business.

Allstate Recovery Services Inc. and Ronald J. Trimpe filed the suit Dec. 23 in Madison County Circuit Court against Beacon Funding Corporation, Ives Service LLC and DOES 1-10.

According to the complaint, on Aug. 27, Allstate and Beacon entered into a contract wherein Beacon agreed to provide financing to Allstate, approximately $29,000, to purchase a commercial-grade tow truck. Under the agreement, the plaintiff would make 30 monthly installments of nearly $1,300. At the time the plaintiffs entered into the agreement with defendant Beacon, they had no reason to believe the defendants would take immediate possession of the truck, the suit says.

On Nov. 4, after the plaintiffs paid the first installment, the suit says agents of the defendant Ives repossessed the truck, even though the plaintiffs were not in default, the suit alleges. Subsequently, the defendant repossessed two other trucks the plaintiff had offered as collateral.

Even after the defendants became aware that the plaintiffs were not in default, Beacon continued to retain the trucks, and without said trucks, plaintiffs began to lose clients and were unable to sign on new clients. This allegedly severely damaged the plaintiffs' reputation, the suit states.

The plaintiffs allege counts of fraudulent misrepresentation and negligent misrepresentation, conversion, intentional interference with plaintiffs' ability to conduct business, deceptive trade practices, breach of contract and intentional infliction of emotional distress.

The plaintiffs seek a trial by jury, as well as at least $50,000 for each count, damages, court costs, attorney fees and other relief the court deems proper. They are represented by Nathan D. Sturycz and Patrick A. Watts of Sturycz & Watts LLC of Edwardsville and St. Louis.

Madison County Circuit Court case number 15-L-1664

 An O'Fallon couple is suing after they were allegedly injured in a vehicle collision.

Forrest S. Creson and Jo Ann Creson filed the suit Dec. 22 in Madison County Circuit Court against Mary L. Vanecek of Troy.

On May 17, 2014, the plaintiffs were traveling in their vehicle southbound on South Lincoln when the defendant allegedly drover her vehicle into the side of the plaintiffs' vehicle, causing them to sustain injuries.

The plaintiffs allege the defendant's operation of the vehicle was negligent in several ways, including failing to keep her vehicle under control, failure to keep a proper lookout and failure to yield to the right of way.

As a result of the collision, the plaintiffs have expended money for medical bills and have sustained additional damages, including loss of enjoyment of life.

The plaintiffs each seek at least $50,000, plus court costs and attorney fees. They are represented by Bill T. Walker of Granite City and Dale M. Funk of O'Fallon.

Madison County Circuit Court case number 15-L-1656

BENTON – A Cairo woman is suing over an alleged breach of the federal Telephone Consumer Protection Act by a finance company.

Ruthoni Cornelius filed the suit Dec. 21 in the Benton Division of the Southern District of Illinois against Regions Financial Corporation, based in Birmingham, Ala.

According to the complaint, on Jan. 4, 2008, the Federal Communications Commission ruled that autodialed or prerecorded message calls to a wireless number by a credit company are permitted only if the called party gives prior consent.

However, the plaintiff alleges the defendant has repeatedly called her cell phone without prior consent, sometimes up to five times a day.

She claims the calls by the defendant were allegedly placed using an automatic dialing system and she has since requested that the defendant stop calling her.

Cornelius claims she is being charged by her cellular company for the incoming calls.

She also alleges the defendant's statements and actions caused the plaintiff mental distress.

The plaintiff requests a judgment against the defendant for $500 in statutory damages for each violation
for negligent violations of the act; up to $1,500 for each violation as a result of the defendant's willful and knowing violations of the act; injunctive relief prohibiting such conduct in the future; and any other relief the court deems appropriate. She is represented by Michael S. Agruss of the Agruss Law Firm LLC of Chicago.

Benton Division of the Southern District of Illinois case number 3:15-cv-1390

Fund-raising efforts for two Democratic contenders seeking seats at the Fifth District Appellate Court tell different stories.

According to financial disclosure statements filed with the Illinois State Board of Elections, Metro-East personal injury firms or attorneys contributed approximately one-fourth of the $30,200 in itemized individual contributions received by the campaign committee of Jo Beth Weber of Mount Vernon.

Weber's report filed Jan. 5 shows that 17 firms or attorneys who practice in Madison and St. Clair counties contributed $7,350 of that amount. 

In all, Weber brought in $42,571.54 between Oct. 1 and Dec. 31. 

Asbestos firm Gori Julian of Edwardsville contributed $1,000; Brown and Crouppen of St. Louis contributed $600. Contributions of $500 came from Brad Badgley, Joseph Bartholomew, Bruce R. Cook, Bruce N. Cook and Gregory Shevlin, all of Belleville. The Goldenberg firm in Edwardsville and the Driscoll firm in St. Louis also gave Weber's committee $500.

Seven labor organizations contributed a total of $7,400 to Weber. The IBEW PAC Voluntary Fund of Washington, D.C. gave $5,000 of that total.

Weber, serving as resident circuit judge in Jefferson County, is seeking the Democratic nomination for the seat vacated by James Wexstten in January 2014.

She was elected circuit judge to the Second Judicial Circuit in 2012 and her current term expires in December of 2018.

Weber's campaign is being managed by former Illinois Supreme Court Justice Philip Rarick of Troy.

In the fall, when Weber announced her decision to run, she said she wanted to ensure that all citizens of the Fifth District - which includes the state's 37 southern-most counties - are treated "fairly and impartially" and that their cases be handled in an expeditious manner.

Williamson County native, Judge James "Randy" Moore, is seeking the Republican nomination for the Wexstten vacancy.

As of Jan. 12, Moore had not yet filed financial disclosure statements with the State Board of Elections. Reports are due Jan. 15.

Moore presently serves by appointment rather than election to the Fifth District. The Illinois Supreme Court appointed him in January 2015 to replace Justice Stephen Spomer, who retired.

He first served on the bench in 2007 when he was appointed to the First Judicial Circuit Court based in Marion. He then successfully ran for election in 2008 and was retained again in 2014.

State Sen. David Luechtefeld (R-Okawville) will serve as Moore's campaign chairman.

Stewart vacancy: Bleyer and Barberis

In another open seat race at the Fifth District, fund-raising has not been as robust.

Brad Bleyer, First Judicial Circuit Judge in Carbondale, received $7,475 in campaign contributions from donors only in southern points of the 37-county district.

Bleyer is seeking the seat being vacated by Justice Bruce Stewart.

He filed a fourth quarter fund-raising report on Monday, which showed that $6,000 was raised through 12 individual itemized contributions. Another $1,475 was raised through non-itemized contributions.

Bleyer's largest financial support came from attorney Dale Aschemann of Carterville with a $1,500 contribution; Justice Stewart and his wife Marleigh contributed $1,000, as did the law firm Brandon & Schmidt of Carbondale.

Bleyer was first appointed to his circuit seat in 2004. He was retained in 2012 to a six year term that expires in 2018.

His campaign is being chaired by retired federal judge G. Patrick Murphy of Carbondale.

Bleyer will face Madison County Circuit Judge John Barberis, Jr. who will be running as a Republican candidate.

Barberis, first elected in November 2014, said in a previous interview that he is interested in a seat on the appellate court because it has a “profound impact on everyone in southern Illinois.”

“It’s a good opportunity to help facilitate a good reputation for the Fifth District with sound reasoning and good judgment,” he said. “That’s not a criticism of the Fifth District. This is more an opportunity to ensure that it continues.”

Barberis said that judicial elections, unlike other elections, typically only happen when someone retires. Given that appellate court terms are 10 years, it is particularly unusual that two open seats at the Fifth District are happening at once, he said.

He had not filed a fourth quarter fund-raising report as of Jan. 12.