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'Extreme hair loss' alleged in lawsuit over conditioner

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BENTON — A Fairview Heights woman is suing a California-based hair-care operation, claiming their product caused her to suffer "extreme hair loss and damage."

Julie Dalhaus filed the suit Jan. 12 in U.S. District Court for the Southern District of Illinois against Wen by Chaz Dean Inc., Guthy-Renker Ltd. and Guthy-Renker Partners Inc., alleging breaches of warranty, violation of state consumer protection statutes, negligence and strict liability.

On July 6, 2013, the plaintiff purchased a cleansing conditioner, based on representations by the defendants that it would produce smoother, shinier, stronger, more manageable hair, according to the lawsuit. Instead, the suit alleges, her hair was damaged and she lost hair.

The plaintiff seeks an award of actual and consequential damages, award of punitive damages, attorney fees and court costs, other relief to which she may be entitled and a trial by jury. She is represented by Alvin C. Paulson of Belleville.

U.S. District Court for the Southern District of Illinois case number 16-cv-31

Man claims serious injuries in suit against railroad, road builder

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BENTON — An Illinois man is suing his former employer and a property owner, claiming he suffered permanent injuries when he fell into a hole while working as a railroad conductor.

Patrick Houser filed the suit Jan. 8 in U.S. District Court for the Southern District of Illinois against road-building company CCI Properties LLC and Illinois Central Railroad Company, for which he worked as a conductor.

On Feb. 11, 2014, Houser was engaged in his job of transporting rail cars for the railroad at CCI's Effingham facility when he fell into a hole on the property, the lawsuit alleges.

His injuries are the result of negligence on the part of the defendants, including failure to furnish the plaintiff with a safe place to work; failure to inspect track, roadbed and work surfaces for holes and debris; failure to warn the plaintiff that a hole existed near the train tracks; and failure to inspect the track and roadbed following floods, severe storms and washouts, according to Houser's lawsuit.

The lawsuit alleges that the plaintiff suffered severe and permanent injuries that have led to pain, lost wages and an impairment of his future earning capacity. He has ongoing medical expenses and sustained an aggravation of a pre-existing condition, the suit alleges.

The plaintiff seeks at least $75,000 against both defendants plus court costs, pre-judgment interest and a trial by jury. He is represented by Robert P. Marcus of Kujawski Marcus LLC of O'Fallon.

U.S. District Court for the Southern District of Illinois case number 16-cv-0024

Two drivers, trucking firm sued over crash

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BENTON — A Kansas woman and her daughter are suing over injuries the minor child received, alleging that the injuries occurred when two vehicles operated in a negligent manner collided with the vehicle in which the child was a passenger.

Macey Strutt, a minor, by and through her mother and next friend, Diana Strutt, filed the suit Jan. 8 in U.S. District Court for the Southern District of Illinois against Renda West, Ventsislav Kramolinski and IMG Trucking Inc. The suit alleges that Kentucky resident West, driving her own vehicle, and Illinois resident Kramolinski, driving for his employer, Illinois company IMG Trucking, were negligent.

On July 10, 2014, the minor plaintiff was on a school-sponsored trip and was a passenger in a vehicle with her teacher, another adult and five other students, the suit says. According to the lawsuit, they were traveling northbound on Interstate 57 from Nashville, Tennessee, back to their home state of Kansas.

According to the allegations in the lawsuit, West and Kramolinski were negligent in the following ways that contributed to an accident: failing to pay attention, driving at a speed unsafe for existing conditions, failing to take evasive and corrective maneuvers and failing to keep their vehicles under control.

The result, the lawsuit claims, is that both vehicles collided with the vehicle in which the minor plaintiff was riding. She suffered significant injuries, the suit says, alleging that she has incurred and will incur medical expenses, scarring, pain, suffering and loss of enjoyment of life.

In addition to a trial by jury, the plaintiffs seek a judgment against the defendants for at least $75,000 plus court costs. The plaintiffs are represented by Melinda G. Young of Bretz & Young LLC of Hutchinson, Kansas.

U.S. District Court for the Southern District of Illinois case number 16-cv-00026

Suit alleges negligence led to broken ankle

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BELLEVILLE – An Illinois man is suing on grounds that he broke his ankle after slipping and falling on an icy entryway.

Keith J. Mettler filed the suit Jan. 4 in St. Clair County Circuit Court against Ruder Properties AG/Granite City LLC, claiming negligence by the defendant led to his injury.

On Jan. 3, 2014, the plaintiff was on property owned by the defendant and leased by the plaintiff's employer, Sun Belt Rentals Inc., in Granite City.

As he left one building to walk to another, the plaintiff alleges, he slipped and fell on ice outside of a door, sustaining a broken ankle.

The lawsuit alleges that the defendant was negligent in failing to provide safe entry and exit points at its buildings.

The plaintiff claims that the injury has caused medical bills and will continue to cause medical bills in the future, in addition to pain and suffering, lost wages and disability. He seeks at least $50,000 in damages. He is represented by Michael L. McGlynn of McGlynn & McGlynn of Belleville.

St. Clair County Circuit Court case number 16-L-7

Motorcyclist sues over crash injuries

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BELLEVILLE – A Belleville motorcyclist is suing over injuries suffered in a traffic accident, claiming the driver of a car was responsible for the motorcyclist's injuries.

John J. Church filed suit Jan. 5 in St. Clair County Circuit Court against Shawn R. Champ of Belleville, claiming Champ was negligent in the operation of his car.

On Aug. 23, 2015, the plaintiff was driving his motorcycle northbound on South Illinois Street in Belleville, approaching the roundabout-style intersection with East Main Street, the suit says.

At the same time, the defendant was driving westbound on East Main Street, also approaching the traffic circle at the intersection with Illinois Street, the suit alleges. The plaintiff was already driving in the roundabout when the defendant entered the traffic circle and then abruptly slowed and stopped, causing the plaintiff's motorcycle to collide with the rear of the defendant's car, the lawsuit alleges.

The lawsuit alleges that the defendant caused the accident with the following actions: failing to keep a proper lookout for other vehicles on the roadway, failing to yield right-of-way to plaintiff's vehicle, and stopping his vehicle within the roundabout intersection.

The plaintiff was injured in various portions of his body, and has suffered and expects to continue to suffer pain and mental anguish, the suit claims. He has incurred and will incur medical expenses and he lost wages he would have otherwise earned from employment, according to the suit.

The plaintiff seeks a judgment in excess of $50,000 and other relief the court deems proper. He is represented by Michael J. Garavalia of Flynn Guymon & Garavalia of Belleville.

St. Clair County Circuit Court case number 16-L-6

Missing escrow payment requires legal adjustment of mortgage agreement

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BENTON—A Madison County woman is suing over an escrow payment her mortgage company allegedly did not make for real estate taxes.

Karen A. Williams filed the suit on Nov. 20, 2015 in U.S. District Court for the Southern District of Illinois against Quicken Loans Inc.

On Aug. 20, 2014, the plaintiff signed a mortgage for nearly $89,000; payments included escrow for the purpose of paying taxes on the properties the mortgage covers.  In February 2015, the plaintiff was notified by Madison County that the real estate taxes for one of the properties covered by the mortgage were not paid.

Williams promptly notified the defendant that taxes were delinquent, the suit says. The defendant allegedly informed the plaintiff that incorrect information had been attached to the mortgage, and property taxes for the lot in question were left out of the escrow calculation.

Although the defendant did pay the delinquent taxes and both parties allegedly agree it arose out of mutual mistake, the plaintiff is seeking  reformation of the mortgage agreement to reflect the original intent of both parties, an order that the defendant pay the property taxes as originally agreed without any expense to the plaintiff, court costs and attorney fees, and other relief the court deems just. She is represented by Angela S. McQuage of Blake Law Group PC of Belleville.

U.S. District Court for the Southern District of Illinois case number 16-cv-00028

AbbVie, Abbott Laboratories allegedly knew Depakote could cause birth defects

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EAST ST. LOUIS–Eight plaintiffs from different states are suing two drugmakers over birth defects they say were caused when their mothers ingested an epilepsy medication while pregnant.

Kathena Sanders, William Pare, Brock Miller, Emily Saari, Jacob Davis, Bryuona Blewett, John Marzigliano and Andrew Gaytan filed the suit on Jan. 7 in the East St. Louis Division of the Southern District of Illinois against Abbott Laboratories Inc. and AbbVie Inc.

Abbott Laboratories is an Illinois-based corporation and  AbbeVie Inc., based in Delaware, conducts business in Illinois.

Each of the plaintiffs was born with birth defects caused, the suit alleges, by their mother's ingestion of a drug called Depakote during the first trimester of pregnancy. The suit further claims the drug was defectively designed, inadequately tested, dangerous to human health and the unborn, and lacked proper warnings about its true danger.

Among the major congenital anomalies known to result from first-trimester exposure to the drug are spina bifida, cleft palate, cleft lip, limb and digit deformities, facial dysmorphism, mental development delays, genitourinary malformations and heart defects, the suit states.

The suit further claims the defendants were aware the drug could cause birth defects, even before they began marketing and distributing the drug.

The defendants allegedly also have concealed risks from and misled doctors who prescribe Depakote about its risks. Usually, the defects occur before the mother knows she was pregnant, the suit says.

Despite the proven risks associated with taking the drug, the defendants allegedly have aggressively pursued expansion of the uses for which it is approved.

The counts against the defendants are strict product liability, negligence, breach of implied warranty, breach of express warranty, misrepresentation by omission, fraud and misrepresentation, intentional and negligent infliction of emotional distress, and willful and wanton conduct.

Each plaintiff seeks damages of at least $75,000 for each count, court costs and attorney fees. They also want a trial by jury. They are represented by Christopher Cueto of the Law Offices of Christopher Cueto in Belleville; Ralph D. McBride, Phillip L. Sampson, Heath A. Novosad, Blair R. Loocke and Nancy McEvily Davis of Bracewell & Giuliani LLP in Houston; Jeff Meyer of The Meyer Law Firm PC in Houston; and Kenneth T. Fibich and Erin Copeland of Fibich Hampton Leebron Briggs & Josephson LLP in Houston.

East St. Louis Division of the Southern District of Illinois case number 16-cv-00021

Pattern of sexual harassment in the city of East St. Louis alleged in lawsuit

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BENTON—An Illinois woman is suing over alleged sexual harassment by the former East St. Louis assistant police chief. 

Terryana Richardson filed the suit on Jan. 20 in U.S. District Court of the Southern District of Illinois against Ronald Ike, individually, and the city of East St. Louis, Illinois.

In January 2015, the plaintiff filed complaints against the defendants with the Illinois Department of Human Rights alleging sex discrimination and sexual harassment. On Oct. 23, she received notices of substantial evidence and right to sue letters from the Illinois Department of Human Rights.

The plaintiff has worked for the city since she was 17. On Aug. 25, 2014, she was transferred to the East St. Louis Police Department to work as an intern. She began working there the next day. A few hours into her first day, Ike, who was then the assistant police chief for the city, requested that the plaintiff be allowed to work for him.

As soon as Richardson got into the defendant's office, the suit alleges, the defendant began discussing issues of a sexual nature with the plaintiff. At one point he left the office, and when he came back he said he had expected to find her naked when he returned, the suit says.

Another alleged incident on that same day involved the defendant rubbing his genitals against her arm and sitting on the edge of her desk, blocking her access to the door. She feared an imminent sexual attack, the suit says. After lunch, she confirmed with her supervisor that she would have to work with the defendant in the afternoon, at which point she fled to her mother's home.

Ultimately the plaintiff was reassigned to another worksite.

Subsequent to several meetings, the plaintiff discovered that many rumors about her allegedly had been spread, among them that she has loose morals and that she was only interested in the defendant's money. She also  heard that she would be hurt if she pursued her claims against Ike, the suit alleges.

Richardson filed a complaint on Oct. 5. Shortly thereafter, the suit alleges, two masked men kicked down the door of her parents' home and shot a shotgun into the ceiling of the home.

The city is included in the suit because it allegedly has a practice of discovering but failing to remedy ongoing sexual misconduct involving its employees, the suit states.

In addition to a jury trial, the plaintiff seeks a judgment in her favor against the defendants, compensatory damages and attorney fees. She also is asking for punitive damages against Ike in his individual capacity, pre- and post-judgment interest, and other relief as may be just and proper. She is represented by Thomas E. Kennedy III of the Law Offices of Thomas E. Kennedy III LC of St. Louis.

U.S. District Court of the Southern District of Illinois case number 16-cv-00065

Plaintiff wants defendants to start paying into employee pension funds, as required by law

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BENTON—An Illinois pension fund group is suing over alleged lack of payment by a business, saying it i violating the Employee Retirement Security Act of 1974 (ERISA).

Central Laborers' Pension, Welfare & Annuity Funds filed the suit on Jan. 20 in U.S. District Court of the Southern District of Illinois against Miller Building Group LLC and Jimmie Miller, individually.

The plaintiff is composed of various pension, welfare and related joint labor-management funds. 

The lawsuit alleges that an authorized representative of the defendant corporation executed memoranda of agreement, dated Feb. 27, 2014, April 16, 2014, Feb. 4, 2015 and Feb. 19, 2015, binding the defendant to pay contributions to the plaintiff. According to these agreements, the plaintiffs allegedly are entitled to collect liquidated damages on all contributions that are paid late.

Also, according to the agreements, the plaintiffs are entitled to audit the payroll and books of the defendant.
The second defendant, Jimmie Miller, is an individual conducting business in Illinois, a signatory to an agreement with the plaintiffs and an employer. The defendant executed the above-mentioned agreements and did not provide subsequent written notice of an intent to terminate the agreements, the suit alleges.

The defendants have breached their obligation to the plaintiffs in the following respects, the suit claims: defendant has failed to make payment of contributions and liquidated damages, in essence terminating the agreements; and defendant has been delinquent in reporting the hours worked by employees.

Based upon review, the plaintiff believes the amount due is $45,729.

Central Laborers' Pension, Welfare & Annuity Funds seeks judgments against both defendants, including returning to the funds all delinquent monthly contributions, unpaid contributions, liquidated damages, audit costs, accrued interest, attorney fees and court costs, the sum of $45,729 plus whatever other sums are determined to be due, and any other relief the court may deem just. It is represented by Patrick R. Foley of Foley & Kelly LLC of Belleville.

U.S. District Court of the Southern District of Illinois case number 16-cv-00066

Carolina Casualty seeks rescission of lawyer's liability policy

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BENTON—An Iowa insurance company is suing an Illinois attorney who allegedly violated rules of conduct.

Carolina Casualty Insurance Company filed the suit on Jan. 13 in U.S. District Court for the Southern District of Illinois against Robert S. Forbes and Robert S. Forbes, PC, an Illinois corporation; and Earnest Bates and  Bates.

The plaintiff is making clear in this suit that the case is against defendant Forbes and his company, not the Bates couple. They are named merely to the extent they may have an interest in the issues being raised.

In May 2014, the defendant allegedly signed a form for lawyers liability insurance with the plaintiff avowing that he had not broken any rules of conduct, the suit said. Based on his signature, Carolina Casualty issued a liability policy to Forbes.

On Nov. 14, 2014, the Illinois Supreme Court struck Forbes' name from the Roll of Attorneys authorized to practice law in the state, the lawsuit alleges. The suit said the action was taken after the defendant allegedly misappropriated nearly $9,400 from the state in 2006 and then concealed his misconduct.

The state had issued workers compensation checks, and the defendant had signed them, even though the client was deceased, the suit alleges. Essentially, the suit says, the defendant forged the name of the deceased.

In addition, the suit claims, the defendant falsely stated that the administrator of the  estate had authorized him to cash the checks and that he had given the money to the administrator. The administrator allegedly professed no knowledge of the checks or the money.

The Bates situation centers on a workers compensation claim with Earnest Bates, who received a  workers compensation award in 2010. Forbes allegedly failed to file the proper paperwork and, as a result, Bates lost the $383,000 awarded to him, the suit says.

Carolina Casualty wants the court to declare a judgment saying that it has no duty to defend or indemnify the Forbes in connection with the Bates situation. It further requests that the court determine the rights and liabilities of the parties with respect to the insurance policy and grant the plaintiff other relief that the court deems proper. The plaintiff also seeks rescission of the lawyers liability insurance policy.  The plaintiff is represented by Kyle C. Oehmke, James H. Kallianis Jr. and Laurence J. Tooth of Hinshaw & Culbertson LLP of Belleville.

U.S. District Court for the Southern District of Illinois case number 16-cv-40

DuPont, MetLife named in asbestos-related suit

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BELLEVILLE—A couple is suing a number of companies after the husband developed various ailments, including lung cancer, allegedly from working around asbestos his entire career. 

Donald Jordan, along with his wife Shirley Jordan, filed the suit on Jan. 6 in St. Clair County Circuit Court against Crane Company, Dow Chemical Company, Honeywell International Inc., 3M Company and Union Carbide Corporation, among many other listed defendants. Also listed is Metropolitan Life Insurance Co.

From 1958 to 1994, the plaintiff worked as a welder/instrument tech at DuPont. The lawsuit alleges his exposure to asbestos fibers can be attributed to all the named defendants. On Jan. 9, 2014, the plaintiff was diagnosed with lung cancer, caused in part by asbestos exposure, the suit says.

This lawsuit alleges the defendants are guilty of negligence, willful and wanton misconduct, fraudulent misrepresentation, negligent spoilation of evidence, and willful and wanton spoilation of evidence.

The lawsuit also alleges that Metropolitan Life Insurance Company strove to discredit or terminate the studies and experiments of scientists who were looking into the damaging effects and cancer-causing elements of asbestos.

Against Dupont specifically, the lawsuit claims fraudulent misrepresentation, battery and intentional infliction of emotional distress because the corporation allegedly knew of the many dangers of asbestos exposure but did nothing to mitigate them. 

The plaintiffs seek at least $50,000 from each defendant for each count against them. They are represented by Randy L. Gori and Barry Julian of Gori, Julian & Associates PC of Edwardsville.

St. Clair County Circuit Court case number 16-L-8

Airport worker blames Toronto Maple Leafs' employee for injuries

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BELLEVILLE—A Fairview Heights man is suing a National Hockey League team over injuries he sustained as the result of alleged negligence by one of its employees.

Kenneth Osborne filed the suit on Jan. 8 in St. Clair County Circuit Court against Maple Leaf Sports & Entertainment Ltd., which owns the Toronto Maple Leafs.

The plaintiff is employed by Jet Aviation at the St. Louis Downtown Airport. On Jan. 17, 2015, he was  loading hockey equipment owned by the Toronto Maple Leafs into an aircraft. The plaintiff and his co-workers were using a conveyor belt to load equipment crates into the cargo hold. 

The suit alleges a Toronto Maple Leafs equipment manager repeatedly sped up the belt by adjusting a lever. Further, the plaintiff's co-workers instructed the equipment manager to leave the lever alone, but he did not, the suit states. The plaintiff claims he was subsequently hit by a large equipment crate, causing injury.

The Maple Leaf employee's negligence, and willful and wanton conduct, allegedly caused permanent injury to the plaintiff's right shoulder. The plaintiff expects ongoing medical bills to treat his injury; he has lost wages and expects to lose wages in the future; and he is damaged in his ability to make a living.

The plaintiff seeks at least $50,000 for both counts against the defendant as well as court costs. He is represented by Matthew R. Chapman of Becker, Schroader & Chapman PC of Granite City.

St. Clair County Circuit Court case number 16-L-11

Electrocution leads to lawsuit against Ameren and Premier Utility

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EDWARDSVILLE—A Missouri couple is suing over injuries the husband allegedly suffered when a backhoe he was operating struck an electrical line.

Donald "Joe" and Jennifer Chick filed the suit on Jan. 15 in Madison County Circuit Court against Ameren Illinois Company, doing business as Ameren Transmission Co. of Illinois, and Premier Utility Services LLC.

On Jan. 18, 2014, Joe Chick was operating a backhoe to uncover and repair an underground sewer line at 112 Riverwoods Cove in East Alton. While using the backhoe, the plaintiff struck an electrical line that was owned, operated and maintained by Ameren, the suit alleges.

Before the accident, Premier was employed to locate and mark all underground lines across the entire property, the lawsuit says. In addition, the plaintiff had informed the defendants of his plans to excavate, but the defendants did not record the notice and so did not mark the property, the suit says.

As a result of the excavation, the plaintiff came into contact with a live electrical line and he was electrocuted. Among the damages he allegedly suffered were: neurological dysfunction, body aches, erectile dysfunction, high blood pressure, irritability, insomnia and nightmares.

Jennifer Chick is suing over loss of consortium due to the injuries to her husband.

The plaintiffs seek judgments against both defendants of $50,000 for each count against them, court costs and a trial by jury. They are represented by Mark R. Bahn of St. Louis.

Madison County Circuit Court case number 16-L-61


Collinsville driver named in suit following car accident

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EDWARDSVILLE—A Madison County man and woman are suing over injuries they allegedly sustained as the result of an automobile accident.

Dennis P. Hasamear and Leslie Hudson filed the suit on Jan. 13 in Madison County Circuit Court against Katherine L. Smith of Collinsville.

The allegations of the lawsuit remain the same for both plaintiffs, however, plaintiff Hasamear was driving the vehicle and plaintiff Hudson was a passenger in the same vehicle. 

On March 8, 2015, Hasamear was driving a vehicle north on Morrison Street in Collinsville with Hudson as his passenter.

At the same time, the suit alleges, Smith was driving east along East Church Street near its intersection with Morrison Street. The suit claims she failed to yield the right of way to the plaintiffs' vehicle, failed to maintain proper control of her vehicle, failed to maintain a proper lookout and failed to obey a traffic control device.

Because of these alleged failures, the defendant's vehicle struck the vehicle the plaintiffs were in, causing injuries, pain and anguish. They have incurred and will incur medical bills, have suffered and will suffer a loss of income or the ability to generate income, and have suffered and will suffer a loss of a normal life. 

Each plaintiff seeks a judgment against the defendant of at least $50,000, court costs and other relief the law may require. They are represented by David W. Dugan of David W. Dugan PC of East Alton.

Madison County Circuit Court case number 16-L-38

Papa John's illegally taxes pizza delivery fee, lawsuit charges

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EDWARDSVILLE—A Madison County man is seeking class-action status for his lawsuit over the taxing of fees imposed upon pizza delivery charges by Papa John's.

Zachary Tucker, individually and on behalf of all others similarly situated, filed the suit on Jan. 13 in Madison County Circuit Court against Papa John's International Inc. and Papa John's USA Inc.

Papa John's allows customers to pick up their pizza at one of its stores or have it delivered. The delivery includes a fee listed separately on the receipt. Tucker alleges Papa John is collecting taxes on this fee, which is against the law in Illinois since businesses are not allowed to tax delivery fees if the cost of delivery is equal to or exceeds the delivery fee. 

As a result, the suit says, every customer who has ordered food for delivery from any Papa John's location in Illinois has paid excess sales tax that the defendants and their franchisees were not entitled to collect.

The plaintiff brings this suit because he says he was illegally charged 6.85 percent, or an additional 16 cents tax, for the non-taxable delivery service. He seeks class action for any person or entity in the state that ordered Papa John's food for delivery and was charged sales tax on said delivery fee.

The suit alleges negligence, negligent misrepresentation, breach of contract/breach of duty of good faith and fair dealing, violation of the Illinois Consumer Fraud Act, and violation of the Uniform Deceptive Trade Practices Act.

In addition to a jury trial and the certification of a class action, among the plaintiff's relief sought are: an order preventing defendants from charging the sales tax on delivery fees, damages, restitution of all monies paid in connection with the wrongfully charged sales tax, attorney fees and court costs. Tucker is represented by Francis J. Flynn Jr. and Tiffany M. Yiatras of Carey, Danis & Lowe of St. Louis; and Alan Wagner and Jason Whittemore of Wagner McLaughlin P.A. in Tampa, Florida.

Madison County Circuit Court case number 16-L-49


McCarter opposes eminent domain in wind energy project

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SPRINGFIELD — State Sen. Kyle McCarter is calling on state and federal courts to reject any requests from Clean Line Energy Partners for eminent domain authority regarding the Grain Belt Express Clean Line project.

The project being backed by the Clean Line Energy Partners plans to create transmission lines to deliver wind energy across the Midwest from western Kansas. The project proposes the inclusion of private landowners in Illinois, which has recently raised concerns from advocates of landowners’ rights.

McCarter expressed his concerns about potential eminent domain actions and the involvement of the Illinois Commerce Commission in the projects. He said the ICC should reconsider its decision to give the project a designation as a “public convenience and a necessity,” specifically calling out potential threats to private landowners.

His concerns are included in a Senate resolution McCarter filed Jan. 13.

“The project would not threaten private property regulations. Clean Line would follow all regulations pertaining to public utilities and those addressing private property. Clean Line is seeking easements from landowners where the transmission line will be sited. Landowners will continue to own the land and will be able to continue to farm within these easements,” said Amy Kurt, project manager for Clean Line.

McCarter argued that landowners might feel legal pressure to accept unfair deals, but according to Kurt, the project managers seek to reach fair agreements that work with the landowners.

“Landowners will be paid the fair market value for the land, and will continue to receive payments for the transmission structures, on an annual basis, for as long as those structures exist on their property. Only in instances where we are not able to reach an agreement with the landowner, the Illinois Commerce Commission would have the responsibility to decide whether to involve the authority of eminent domain on a parcel by parcel basis,” said Kurt.

It is this issue of eminent domain that concerns McCarter. He fought a similar battle last year when he supported Senate Bill 1726, which required the ICC to notify landowners in a path of proposed transmission line via registered mail. The bill took effect last summer.

Beyond the issue of eminent domain, McCarter advocates for the expansion of coal when it comes to energy generation over wind energy. 

“At a time when Illinois is in desperate need of new revenue, the Grain Belt Express project represents an approximately $700 million infrastructure investment in Illinois. The project will create approximately 1,500 Illinois jobs and contribute about $74 million to landowners and the counties who are hosting the power line. The power that the Grain Belt Express Clean Line will deliver to Illinois will reduce wholesale power prices in Illinois by $750 million in the first five years of the projects operation, bringing benefits to all Illinoisans,” said Kurt.

Electrical shock leads to lawsuit against Ameren and Premier Utility

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EDWARDSVILLE—A Missouri couple is suing over injuries the husband allegedly suffered when a backhoe he was operating struck an electrical line.

Donald "Joe" and Jennifer Chick filed the suit on Jan. 15 in Madison County Circuit Court against Ameren Illinois Company, doing business as Ameren Transmission Co. of Illinois, and Premier Utility Services LLC.

On Jan. 18, 2014, Joe Chick was operating a backhoe to uncover and repair an underground sewer line at 112 Riverwoods Cove in East Alton. While using the backhoe, the plaintiff struck an electrical line that was owned, operated and maintained by Ameren, the suit alleges.

Before the accident, Premier was employed to locate and mark all underground lines across the entire property, the lawsuit says. In addition, the plaintiff had informed the defendants of his plans to excavate, but the defendants did not record the notice and so did not mark the property, the suit says.

As a result of the excavation, the plaintiff came into contact with a live electrical line and he was electrocuted. Among the damages he allegedly suffered were: neurological dysfunction, body aches, erectile dysfunction, high blood pressure, irritability, insomnia and nightmares.

Jennifer Chick is suing over loss of consortium due to the injuries to her husband.

The plaintiffs seek judgments against both defendants of $50,000 for each count against them, court costs and a trial by jury. They are represented by Mark R. Bahn of St. Louis.

Madison County Circuit Court case number 16-L-61


The $53 million boogeyman: Illinois' financial woes due to decades of mismanagement, not 7 months of gridlock

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Springfield’s budget gridlock is not without costs, but recent media reports of an estimated $53 million price tag wrongly blame increased borrowing costs caused by various factors over a 10-year span on a seven-month budget stalemate. That ignores a recession, more than a dozen credit downgrades, rising government-worker pension liabilities, more than a decade of unsustainable borrowing, and unprecedented out-migration from Illinois.

The $53 million price tag comes from Martin Luby of DePaul University and a visiting scholar at the University of Illinois Institute of Government and Public Affairs, who compared interest rates for the state’s most recent bond issuance with those the state received in 2006. The price tag is real but the interpretation that has followed in the media is flawed.

Undoubtedly, taxpayers would get a better deal if Illinois had maintained its 2006 credit rating, but the current budget gridlock has little to do with that. When a government borrows money it sells bonds through a public auction. Just as banks charge higher interest rates to individuals with worse credit ratings, bondholders offer higher interest rates to states with poor credit ratings. The higher the interest rate, the less money the state receives for the bonds it sells. The $53 million the researcher pointed to is the difference between the $515 million the Illinois government actually raised from its most recent bond issuance, and the $568 million Illinois would have received for the same bonds absent multiple downgrades of state bonds by the major credit-rating agencies.

As Luby notes, the 2006 bond issue was “before the state started receiving a steady stream of credit downgrades in 2008.” In fact, the state has been downgraded 15 times since 2008, but only two of those downgrades occurred after the state’s budget lapsed in July 2015. The other 13 downgrades all occurred during former Gov. Pat Quinn’s tenure. The recession undoubtedly contributed to this decline, but so has a repeated failure to pass a balanced budget and economic policies that have left Illinois 50th among the states in overall fiscal condition and 49th in preparedness for the next recession.

The two downgrades that did occur during the current budget standoff also came on the heels of an Illinois Supreme Court decision striking down Illinois’ 2013 pension reform. That decision left Illinois with fewer options to control a $111 billion unfunded pension liability that dwarfs total bond debt, which Luby recognizes as a major factor in the increased cost of borrowing.

Illinois taxpayers have undoubtedly been hurt by the repeated credit downgrades that have raised the cost of borrowing. If not addressed, the state’s borrowing cost may double, and adding the cost of infrastructure spending could raise the price to $424 million per year. This cost, though, is not from the failure to pass one budget, but from the repeated failure to pass budgets that control costs and rein in the expanding deficit.

Passing a budget will only improve Illinois’ debt rating in the long run if lawmakers address the structural problems that continue to drive up costs and borrowing in the state. Ultimately, it means passing a budget that’s balanced. It also means sensible measures to control government-worker pension costs, and reducing the high cost of workers’ compensation, which burdens state and local government employers and drives taxpaying businesses out of the state. And it means reversing the continued out-migration of Illinoisans and expanding the tax base through growth rather than tax hikes.

Rock climbing wall injury in '06 subject of trial in St. Clair County; Defense argues plaintiff had been drinking, wearing heels

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A personal injury trial will get under way in St. Clair County Circuit Court today involving a woman who claims injuries after falling from a motorized rock climbing simulator in Belleville.

April Kassebaum of Columbia filed suit nine years ago against the owners of The Edge in Belleville, as well as Ascent Products and Spectrum Sports International.

She claims the injuries took place in March 2006.

Her six-count suit was originally filed by Patrick R. Foley of Becker, Paulson, Hoerner & Thompson in Belleville.

John Cunningham of Belleville represents defendants.

Defense has argued that Kassebaum had been drinking beer before she climbed, and was wearing heeled shoes.

St. Clair County Circuit Court case number 07-L-9.

Why a Smart Meter delay (op-out) is Important for your family’s health, security, and privacy

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Smart Meters are coming to your home and business soon, if you have not already had ComEd replace analog meters with Smart Meters in your community.

As required, when a the Smart Meter installer comes knocking on you door he will identify himself and will then give you the option of having a Smart Meter installed immediately or opting out. If questioned why the need for a Smart Meter, the installer will give you this canned response: “A Smart Meter will eliminate the need for a meter man to read your meter.” Never mentioned was that the op-out choice isn’t a permanent one, only that meter installation would be delayed until 2018, with no opportunity to refuse after that date. Other states offer a permanent opt-out to their utility customers. ComEd customers in Illinois do not have that option.

Doesn’t every ComEd customer deserve the right to have a choice to op-out permanently in the face of the real and present dangers that having a Smart Meter on the side of their house or business could engender. It is unjust and un-American to force Wireless Smart Meters on every home without alerting residents of the many risks and offering them a choice.

Here are seven reasons to opt-out of a Smart Meter:

1. Health and Environment – Smart Meters emit 10,000 to 190,000 bursts of possibly carcinogenic, RF microwave radiation into homes 24 hours a day. People are complaining of headaches, ringing in the ears, rashes, nausea, insomnia chest pressure, heart palpitations, nose bleeds, and weakness, etc. There is a potential threat to those with medical implants and weakened immune systems. Wildlife and plants may also be affected.

2. Privacy Invasion -- Without your consent, the computer inside the Smart Meter collects private energy behavior patterns that will be available to government agencies and for sale to marketers.

3. Hacking and Security - Vulnerabilities in wireless data transmission pose national security risks to our electric grid from hackers. A former CIA Director calls the Smart Grid “really, really STUPID”. Individual household data may also be hacked.

4. Higher Bills - Smart Meters functions as rationing devices that monitor usage 24/7 to charge varying rates during different times of the day. Due to escalating charges for peak time usage, bills can double, or worse.

5. Appliances with RF Radiation - New appliances come with mandated wireless RF transmitters that emit continuous 24/7 RF signals to the wireless Smart Mater.

6. Lack of Control - The utility owns and maintains 100% control over computer hardware and software upgrades inside Smart Meters. With Demand Response, a utility company can selectively turn on/off appliances or an entire household at their whim.

7. Loss of Property Value and safety- There have been numerous reports of electrical fires caused by arching and sparking. Homes with older wiring may be more susceptible to problems. 

Should you have any doubts about the dangers posed by Smart Meters, Kit Weaver's website deserves careful study:

Under the name of SkyVision Solutions, Kit Weaver has a website dedicated to raising public awareness about the benefits, costs, and risks associated with smart grid systems as well as the potential hazards related to Radio Frequency Radiation emissions from all wireless devices, especially smart meters. 

Mr. Weaver has a B.S.in engineering physics and an M.S.in nuclear engineering with a specialty in radiation protection; University of Illinois. He has received specialized training in radiation biophysics and.is qualified as a site radiation protection manager by the Nuclear Regulatory Commission.

It is tragic for consumers that Chicago’s powerful and politically-connected ComEd was able to convince the General Assembly to pass a law that could potentially threaten homes, harm lives, adversely impact nature, invade privacy, and, in a broader scope, undermine the state’s security by making the electric grid more vulnerable to cyber-security.

As to the history of the law: ComEd lobbyists wrote the law; it was passed by the General Assembly against vehement and persistent opposition from the Attorney General, AARP, and informed citizens aware of the risks. ComEd spent 16 million dollars convincing the General Assembly to over-ride Governor Quinn’s Veto. When elected, Governor Rauner then signed another bill favoring ComEd over the rights of citizens to have a choice.

For the numerous reasons already highlighted and many more, demanding an immediate and permanent Opt-Out Option is not only precautionary, it is paramount.

How can residents of Illinois get a “permanent” opt-out: option? Members of the General Assembly will have to amend the law to allow an opt-out, or the ICC will have to change its interpretation of the law. The ICC has interpreted the law as a Mandate that ALL ComEd Customers must accept the smart meters.

Make calls to your state legislators to demand that the law is amended. Illinoisans deserve the same access for a permanent op-out as does every other state. Perhaps if enough community residents say “N0” -- delay having smart meters installed until mandatory in 2018 -- a powerful message can be sent to ComEd that their nonferrous devices are not wanted and have therefore been soundly rejected.

Nancy Thorner
Lake Bluff, Ill.
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