Madison - St. Clair Record

BELLEVILLE – An Illinois man is suing a Belleville brass business, alleging negligence for injuries he says he suffered when he slipped and fell walking in the defendant's parking lot.

Michael Wells filed the lawsuit Jan. 15 in St. Clair County Court against Century Brass Works Inc. and Century Casting Corporation, both in Belleville, alleging negligence.

According to the complaint, on Feb. 17, 2014, Wells entered Century's property legally and, as he was walking on the parking lot, he claims he slipped and fell. At the time of the fall, the suit says, the parking lot was allegedly in a dangerous and defective condition and not reasonably safe for public use because it was covered in ice.

The lawsuit states the defendants were negligent by failing to remove the dangerous icy condition, failing to prevent the public from encountering the dangerous condition and failing to warn the public of the dangerous condition.

As a result of the fall, the plaintiff claims he experienced severe bruising, contusions, lacerations, sprains, strains, swollen and inflamed bones, joints, muscles, tendons, ligaments, skin and vessels. His right arm was allegedly fractured in multiple places, he has experienced severe pain and anguish and has been impaired and disfigured, the complaint says.

The plaintiff alleges he has spent more than $37,000 for medical care and he expects such care to be necessary well into the future. He has lost his ability to work and earn money and to enjoy the ordinary pursuits of life, the suit says.

Wells seeks more than $50,000, plus prejudgment interest, court costs and other relief the court deems just and proper, plus a trial by jury. He is represented by attorney Reiad M. Khouri of the Khouri Law Firm LLC in St. Louis.

St. Clair County Circuit Court case number 16-L-31

BELLEVILLE – A St. Clair County woman is suing Wal-Mart, alleging negligence for injuries she says she suffered when she tripped over a floor mat inside the defendant's O'Fallon store.

Angela Woodard filed the suit Feb. 8 in St. Clair County Circuit Court against Wal-Mart Stores Inc., alleging premises liability and negligence.

According to the complaint, on Sept. 3, 2014, Woodard was inside the defendant's store at 1530 W. Highway 50 in O'Fallon. She claims there was a raised and unbeveled floor mat near the main entrance in front of an ice machine. The mat, the lawsuit says, constituted a dangerous condition that presented an unreasonable risk of harm to the plaintiff. As a result, she alleges she tripped and fell on the floor mat.

The lawsuit states Wal-Mart failed to make a reasonable inspection of the premises, failed to properly maintain the floor mat, failed to warn Woodard of the condition of the floor mat, allowed the mat to remain in a dangerous state and failed to inspect the premises to avoid such a situation.

As a result of her fall, the plaintiff alleges she hurt her hip, ankle, shoulder, lower back and knee, has endured pain and suffering, and continues to pay medical bills to treat her injuries.

Woodard seeks between $50,000 and $75,000, plus court costs. She is represented by attorneys Michael P. Glisson and Timothy J. Chartrand of Williamson, Webster, Falb & Glisson in Alton.

St. Clair County Circuit Court case number 16-L-76

Democrat candidates for circuit judge in the Twentieth Judicial Circuit meet acceptable requirements for office, according to evaluations released by the Illinois State Bar Association on Friday. But, their Republican candidate counterparts got trounced in a poll of lawyers from St. Clair, Monroe, Randolph, Perry and Washington counties.

The poll, which was conducted in advance of the March 15 primary, shows that sitting circuit judges John Baricevic, Robert LeChien and Robert Haida, Democrats, each received scores exceeding 65 percent on the question of "meets requirements of office;" whereas Republicans Ron Duebbert and Laninya Cason scored well under the minimum threshold required for recommendation.

Candidates scores were:

Haida - 93.67

Baricevic - 88.58

LeChien - 69.91

Duebbert - 26.97

Cason - 21.81

It is not unusual for local Republican candidates to do poorly in these advisory polls which are conducted in advance of judicial elections and retention races.

Since 2000, area lawyers have given Republican candidates the worst scores in a circuit that has been dominated by Democratic candidates and judges for decades. Only one Republican has won a judicial seat in St. Clair County in recent history - Stephen McGlynn, who defeated Associate Judge Heinz Rudolf in 2014.

The scores given to Duebbert and Cason in this pre-primary poll are the worst in the Twentieth Judicial Circuit in 16 years.

Rounding out the top worst scores which resulted in candidates not being recommended in the poll were:

2012: Anne Keeley - 30.95 - Democrat who lost the primary to Zina Cruse, Democrat, who went on to win the general election in a race against Cason. The vacancy was created through the retirement of Milton Wharton, Democrat.

2012: Duebbert - 37.19 - He lost in the general election to Vincent Lopinot for the vacancy created through the retirement of Michael O'Malley, Democrat.

2012: Cason - 41.20 - A former Democrat, Cason had served as an associate judge from 2003-2015. In 2011, before she had switched party affiliation, she had received a "recommended" rating.

2002: Alan Stumpf - 43.68 - Republican who lost the general election to Dennis Doyle, Democrat, for the vacancy created through the retirement of Dennis Jacobsen, Democrat.

2006: Paul Evans - 49.63 - Republican who lost the general election to Lloyd Cueto, Democrat, for the vacancy Cueto created himself.

The election that Evans lost in 2006 was the only other time in state history where a sitting judge submitted resignation paperwork and ran in an open election to the self-created vacancy.

Cueto's move was considered controversial at the time, and legal observers also called it unconstitutional, however, his candidacy was not challenged in the courts.

This year, though, as judges Baricevic, LeChien and Haida seek to stay in office by the same process that Cueto tested, challenger Dallas Cook of Belleville seeks to have the judges names stricken from the primary ballot, arguing that the only way a judge can seek a successive term is through a retention vote.

Cook, Belleville City Clerk as well as a Republican candidate for St. Clair County Circuit Clerk, contends that the state constitution establishes that the only process for a judge to retain office is through a non-partisan retention vote that requires 60 percent voter approval - not simple majority partisan re-election style.

On Friday, Cook filed a notice of appeal at the Fourth District Appellate Court challenging a lower court decision in Sangamon Circuit Court that allowed the judges names to remain on the ballot.

How the poll works

The ISBA advisory poll is conducted by mail with ballot sent to all ISBA members in the circuit or district from which a candidate seeks election (except Cook County). Licensed attorneys who are not members of the ISBA, or any attorney outside the circuit or district, may request a ballot. Attorneys are asked to respond only if they have sufficient knowledge about the candidate’s qualifications for judicial office to give a fair, informed opinion.

A notice of appeal has been filed at the Fourth District Appellate Court seeking to challenge Sangamon County Associate Judge Esteban Sanchez's ruling that allows St. Clair County circuit judges John Baricevic, Robert LeChien and Robert Haida to remain on the March 15 Democratic primary ballot.

Sanchez found that the state constitution allows the judges the option to run for election, not just retention, as petitioner Belleville City Clerk Dallas Cook had argued.

On Feb. 24, he denied Cook's petition for review of a Jan. 20 State Board of Elections deadlock vote that granted the judges access to the ballot.

Attorney Aaron Weishaar of St. Louis, who has represented Cook since objections to the judges' nomination papers were made in December, filed the notice of appeal on Friday.

Cook, a Republican who is running for St. Clair County Circuit Clerk in November, has argued that the state constitution establishes that the only process for a judge to retain office is through a non-partisan retention vote that requires 60 percent voter approval - not simple majority partisan re-election style.

In August, the three judges submitted letters of resignation to the Illinois Supreme Court, indicating that they intended to seek election to the seats they were vacating rather than to run for retention. In the meantime, they would remain in office while running for election as their resignations would not take effect until December, on the last day of their current terms.

After the judges filed nomination paperwork, Cook filed objections with the State Board of Elections. The consolidated cases went before a hearing examiner, hearing officer and the full board composed of four Democrats and four Republicans. At each level of decision, including full hearings before the elections board and in Sanchez's court, the outcome has favored the judges.

BELLEVILLE – Four adults who were occupying a motor vehicle are suing another motorist, alleging negligence for injuries they say they sustained in a collision.

John Harms, Donna Harms, Terri Harms and Dennis Yates filed the suit collectively Jan. 29 in St. Clair County Circuit Court against Gage Goldsmith, alleging negligence.

According to the complaint, on Sept. 7, the plaintiffs were in a motor vehicle driven by Terri Harms southbound on state Route 4 near the intersection of Hayden Drive in Mascoutah. At the same time, the suit says, Goldsmith was traveling northbound and while attempting to make a left-hand turn, he entered the plaintiffs' lane of traffic and collided with the plaintiffs' vehicle.

The suit alleges he caused the accident by negligently failing to yield the right-of-way, failing to keep a proper lookout, failing to keep his vehicle under proper control and driving too fast for conditions.

As a result of the collision, the lawsuit states, each plaintiff allegedly sustained permanently disabling injuries to various parts of their bodies, each has lost and will continue to lose money because they can't pursue normal gainful work, and each will continue to accumulate medical bills.

Each plaintiff seeks more than $50,000, plus court costs. They are represented by attorney Bruce R. Cook of Cook, Ysursa, Bartholomew, Brauer & Shevlin Ltd. in Belleville.

St. Clair County Circuit Court case number 16-L-57

BELLEVILLE – A mother and daughter are suing the owner of their house after a portion of the home's ceiling allegedly collapsed and caused injuries.

Mahogany Bolden, individually and as mother and natural guardian of her daughter London Bourda, filed the lawsuit Jan. 19 in St. Clair County Circuit Court against owner Michael L. Burke.

According to the complaint, on Jan. 24, 2014, the plaintiffs were living at 10 Robin Hill Lane in Belleville, a structure they leased from the defendant, when a broken water pipe allegedly damaged the ceiling. The suit says Bolden notified Burke and the fire department, and the water was turned off in the house.

Later that day, the lawsuit says, a portion of the roof collapsed, injuring Bolden. The lawsuit alleges negligence, saying the defendant failed to maintain and repair the premises, which resulted in injury.

The suit says Bolden was injured in her head, neck and shoulder, she incurred past and future medical bills, lost wages, pain and suffering, disability, damage to personal items, and increased rent and moving expenses. The complaint alleges Bourda was traumatized, developed pneumonia and sustained injuries.

Bolden and Bourda seek $50,000, plus court costs and other relief the court deems appropriate. They are represented by attorney Michael L. McGlynn of McGlynn & McGlynn in Belleville.

St. Clair County Circuit Court case number 16-L-33

BELLEVILLE – A patron at a Belleville sports bar is suing another customer, alleging battery after he says the defendant assaulted him.

Rick D. Fulton filed the suit Feb. 1 in St. Clair County Circuit Court against Randy D. Wells, alleging battery.

According to the complaint, on June 22, 2014, both parties were at Demo's Sports Bar, which is located at 3829 North Belt West in Belleville. The suit says Wells, who is 6 feet 7 inches tall and weighs approximately 275 pounds, unprovoked and likely under the influence of alcohol, approached the plaintiff, who is 5 feet 10 and 170 pounds, and struck him several times in the face and head, causing Fulton to fall to the ground.

The plaintiff says he suffered lacerations on his face and ear, both of which allegedly required stitches. The lawsuit states Fulton also suffered a concussion, resulting in headaches.

The suit alleges the plaintiff has paid substantial medical costs, which he expects to continue in the future, has lost earning capacity, and has suffered pain and mental anguish.

Fulton seeks more than $50,000, punitive damages of the same amount and costs. He is represented by attorney Matthew J. Marlen of Matthew J. Marlen PC in Belleville.

St. Clair County Circuit Court case number 16-L-58

Reyna Montes, a parent and education activist in Waukegan, Ill., has fought for more than a year for a full-time college counselor at Waukegan High School, where just 18 percent of students graduate college- or career-ready. The high school says it doesn’t have the money to hire a college counselor.

No money is also the excuse just 40 miles south at Chicago State University, where student Charles Preston’s grants have been cut, according to NBC News. University officials say they don’t have the money to help Preston because the Illinois General Assembly has yet to appropriate funds to the university this year.

Both Montes and Preston instinctively blame Illinois’ budget stalemate for their troubles. Illinois has been operating for nearly eight months without a state budget, and the effects are rippling through the state. But to a large extent, their blame is misplaced. While the budget crisis is causing immediate funding problems, it’s the Illinois pension mess that’s really causing all the pain.

What many people like Montes and Preston don’t realize is that government spending for education – and for every other core service on which the state spends – is being overwhelmed by government-worker pension costs. Skyrocketing pension costs are leaving fewer dollars for everything else, including counselors and college grants.

Today, more than 25 percent of the state’s $32 billion budget (what’s typically called the general fund) is being consumed by pension costs for downstate and suburban teachers, public-university and college workers, state employees, judges and state lawmakers. That’s a record amount.

Taxpayer revenues that could be going toward classrooms, more police on the street, or better roads, are instead going to fund pensions – most of it for services performed long ago. With a $111 billion pension shortfall and no reforms in sight from the General Assembly, the state is now forced to spend more and more on pensions. (For a primer on Illinois’ pension problem, click here.)

By comparison, other states spend a fraction of that amount on government-worker pensions. An analysis by Moody’s Investors Service just two years ago showed that at that time, Illinois spent 19 percent of state revenues on pensions, while the 50-state median in the U.S. was just 4.1 percent of state revenues.

The situation for Illinois is even more dire when the state’s appropriations to K-12 and higher education are analyzed more deeply.

State appropriations to K-12 education have risen by more than 6.2 percent yearly since 2006, a pace that is nearly three times the rate of inflation and more than enough to support new and better education programs for the entire state.

But the majority of the new money going toward education never makes it to the classroom. Instead, the overwhelming majority of new education dollars fund skyrocketing pension costs. Those costs have risen so much that today nearly half of all education funding appropriated by the General Assembly goes toward pensions. Funding for the classroom and other operations has remained virtually flat over the last decade.

The same story is playing out in higher education, where the state appropriates more than $4 billion to its public universities and colleges, and yearly appropriations have grown at an annual pace of 5.5 percent for the last decade. Today, more than 50 percent of state higher-education appropriations go toward the pension and retirement costs of university and college workers. What’s available to fund daily operations and grants continues to decline as pensions crowd out funding for students.

Illinois’ budget gridlock is certainly contributing to the pain felt by some Illinoisans and groups who’ve become dependent on state funding. But it’s not the root cause of the problem.

Instead, the budget crisis is exposing the massive cracks in education funding caused by the pension crisis. Budget or no budget, there’s no fixing education funding – whether it’s for the Chicago Public Schools or school districts and colleges across the state – without tackling pension reform.

BELLEVILLE – A customer is suing Shop-N-Save, alleging negligence for injuries she says she sustained while on the defendant's premises.

Jocelyn Prince filed the lawsuit Jan. 14 in St. Clair County Circuit Court against Shop-N-Save Foods Inc., specifically its Belleville store, alleging negligence.

According to the complaint, on Sept. 2, Prince was shopping inside the defendant's store at 4201 N. Belt West in Belleville when she claims she slipped and fell on a substance that had accumulated on the floor of the produce section.

The suit says the defendant's negligence includes failing to maintain its premises in a safe condition, failing to provide safe ingress and egress on the premises, permitting the premises to remain in an unsafe or dangerous condition and failing to place warning signs next to the spill.

The plaintiff alleges this negligence caused her to sustain injuries to her legs and back, spend money for medical care, which she expects to continue into the future, and has led to disability and pain.

Prince seeks more than $50,000, plus court costs. She is represented by attorneys Thomas C. Rich, Kristina D. Cooksey and Michelle M. Rich of Thomas C. Rich PC in Fairview Heights.

St. Clair County Circuit Court case number 16-L-29

One of the questions I am often asked as a military lawyer is, “What do you do exactly?”

In short, it’s very similar to civilian law practice, but there are also substantial differences, some of which are not well known outside of the military community.

For instance, Lt. Col. Kevin Catron serves as the Staff Judge Advocate for the installation commander at Scott Air Force Base, and he oversees three primary missions: military justice, civil law, and legal assistance.

“We enable military justice, which is essentially criminal prosecutions and administrative actions of Air Force military members,” he said. “Civil law is a full-spectrum practice that supports base operations. In addition, we offer legal assistance for military members and their families, civilian employees and military retirees.”

Within the military structure, each base has a host unit. The base legal office supports the commander of that host unit, and assists on legal matters related to the operation of that unit.

At Scott AFB, the host unit is the 375th Air Mobility Wing. In addition, our legal office supports 30 other units, including the headquarters for Eighteenth Air Force, Air Mobility Command, U.S. Transportation Command, and the Army’s Surface Deployment and Distribution Center. In all, the legal office supports a total population of 13,000 employees and their family members and about 20,000 retirees.

Military Justice

Military members remain subject to federal and state criminal laws, however they are also subject to an additional set of criminal laws, called the Uniform Code of Military Justice, or UCMJ. It defines some crimes common across all jurisdictions, such as murder, rape, and theft. But it also contains many provisions that are unique to the military, such as desertion, fraternization between enlisted members and officers, and disrespect to a superior commissioned officer.

The legal office contains its own federal courtroom where courts-martial and administrative hearings are conducted by members of the Air Force Judiciary.

The base also has specialty legal positions such as the Area Defense Counsel, who represent Air Force members accused of criminal acts and a Special Victims Counsel who represent victims of sexual assault. The Air Force only picks the best and brightest for these positions and both report through a separate chain of command outside of the legal office and host wing commander to ensure no conflicts with client representation.

Civil Law

According to regional environmental impact studies, Scott AFB is the largest employer in Metro-East, and sixth largest in the region. As a result, the Scott legal office advises on a variety of regulatory and compliance matters.

Capt. Deepa Patel, the Chief of Civil Law, explained, “We offer full service legal support that address civilian personnel and labor law to federal environmental standards, ethics questions for senior Air Force leaders, to government contracts and procurements. If there’s an area of the law that exists, chances are we handle it; it is an extremely diverse practice.”

The legal office also advises commanders at all levels to ensure their decisions are in compliance with all applicable laws and regulations.

Legal Assistance

The Scott legal office also provides assistance to military members, their families, and retirees with 20 years or more of service. Judge advocates draft wills and powers of attorney, and provide advice on domestic relations, landlord-tenant issues, consumer protection, immigration, and any other legal matters in which service members may need help.

Last year, the Scott legal office provided almost 800 documents to more than 3,000 individual clients. However, judge advocates do not appear in civilian courts to provide clients with legal assistance. Cases requiring a court appearance are referred to local practitioners.

“The goal of our legal assistance program is to help service members address issues on the home front so they are able to remain mission-focused,” says 1st Lt. Natalia Escobar, Chief of Legal Assistance. “You never know what sort of legal issue you might be dealing with. It’s always an interesting practice.”

An Opportunity to Serve

Air Force JAGs bring a wealth of experience to this diverse practice of law. They come into the JAG Corps with a desire to serve their country, and harness their education into a position that allows them to give back. They are leaders, innovators and experts in their fields. In essence, they embody the core values of the Air Force, which are Integrity, Service, and Excellence in All We Do.

If you would like more information about becoming a JAG, please visit our website at www.afjag.af.mil/ .

EDWARDSVILLE – A Madison County man is suing a Caseyville driver, alleging negligence over injuries he says received in a Collinsville automobile accident.

Robert E. Rickett filed the lawsuit Feb. 16 in Madison County Circuit Court against Monica Cortez-Aguirre of Caseyville.

According to the complaint, on April 12, 2015, Rickett was traveling westbound on Ramada Street in Collinsvillle, preparing to make a left-hand turn onto southbound North Bluff Road. The suit says Cortez-Aguirrre was driving her vehicle in a northbound direction on North Bluff Road when she failed to yield to the traffic light and collided with the plaintiff's vehicle.

The suit says the defendant's negligence includes failing to keep proper or any lookout, failing to keep her vehicle under proper control, failing to operate the vehicle at a safe speed, failing to reduce speed to avoid an accident and carelessly disobeying a traffic control device.

As a result, the lawsuit states, the plaintiff was injured in his back, spine, ribs, pelvis, hip, scapula, left shoulder, lungs and heart. He also continues to experience pain and suffering, to pay large medical bills for treatment, to suffer disability, to lose earning capacity and to endure lost wages, the complaint says.

Rickett seeks at least $50,000, plus court costs. He is represented by attorneys Craig J. Jensen and Elizabeth A. Parker of MeyerJensen PC in Alton.

Madison County Court case number 16-L-213

EDWARDSVILLE – A passenger in a motor vehicle is suing two drivers, alleging negligence over injuries she says she received in an Edwardsville collision.

Toni Murdock filed the lawsuit Feb. 12 in Madison County Circuit Court against Larry Lafond and Jermia Snider, alleging negligence.

According to the complaint, on Dec. 3, 2015, Murdock was riding in a motor vehicle operated by Snider on Plummer Drive, attempting to turn left onto Center Grove Road in Edwardsville. The suit says Lafond was driving his vehicle and attempted to leave a parking lot when he allegedly struck the front and side of the vehicle in which the Murdock was a passenger.

Additionally, Snider allegedly struck Lafond's vehicle at the same time while she was attempting the turn, the suit states.

The complaint says both parties were negligent in failing to keep a proper lookout, driving in such a way as to collide with the other party's vehicle, failing to properly apply brakes, driving too fast for conditions and failing to yield the right of way to oncoming traffic.

As a result of the negligence, the suit says, the plaintiff injured her head, neck and pelvis, has paid money for medical care, has suffered disability as a result of her injuries, and has lost wages and will experience a loss of future earning capacity.

Murdock seeks at least $50,000 from each defendant, plus court costs. She is represented by attorneys Thomas C. Rich, Kristina D. Cooksey and Michelle M. Rich of Thomas C. Rich PC in Fairview Heights.

Madison County Circuit Court case number 16-L-209

EDWARDSVILLE – The parents of a teenage girl are suing over injuries she suffered in an automobile accident, alleging the driver of the vehicle she was riding in was negligent.

Peter and Laura Dochwat, the parents of Gabriela N. Dochwat, filed a suit on behalf of their daughter and individually on Feb. 17 in Madison County Circuit Court against Elizabeth Kayser of Glen Carbon.

At the time of the accident, the defendant was 16; she is now an adult. Gabriela Dochwat was 15 at the time of the accident.

According to the suit, Gabriela Dochwat was a passenger in a vehicle driven by the defendant on Old Troy Road in Edwardsville on Feb. 18, 2014, when Kayser lost control of the vehicle. She was issued a ticket for failure to reduce speed to avoid an accident. The lawsuit says the defendant admitted to police that she was driving too fast to navigate a curve in the road and ended up in a farm field.

As a result of the defendant's alleged negligence, the plaintiff minor has suffered irreparable harm to her mental and physical health, medical expenses, and permanent injuries, the suit states.

The plaintiff, by and through her father and mother, seeks judgment in an amount exceeding $50,000, plus court costs and other relief the court deems reasonable and just. All plaintiffs are represented by Bill T. Walker in Granite City.

Madison County Circuit Court case number 16-L-232

SPRINGFIELD —Lawmakers are in very early talks about giving retired government workers a choice much like lottery winners: Collect the pension benefits owed to them over several years, or cash out immediately but with a smaller lump sum.

The House Personnel and Pensions committee discussed the idea Monday with the overall goal of reducing Illinois’ massive unfunded pension obligations, which now exceed $111 billion.

Pensions currently eat about 25 cents of every tax dollar the state spends from its general funds, the same funds that pay for most services.

Two bills on the subject were discussed during a testimony-only hearing Monday: House Bill 4427 by state Rep. Mark Batinick, R-Plainfield, and House Bill 5625 by state Rep. Mike Fortner, R-West Chicago. Neither was moved to the full House, and both will be the subject of more hearings.

Why would any employees take a lesser lump sum? Because they’re not all in the same financial or life or tax situations, and some might simply prefer taking charge of their retirement money from Day 1 of retirement, the sponsors said.

“A lot of people would prefer to have control of their money and cash out with the state — even if it’s a discount,” said Batinick.

Both proposals revolve around the net present value of a given employee’s pension benefits, or the projected amount it would take to fund that pension for the remainder of the retiree’s life.

For instance, under one scenario in Batinick’s plan, it would take the state a $700,000 up-front investment to fund the pension of an employee projected to draw $50,000 annually.

The new legislation would essentially leave the employee three choices: Accept the $50,000 annual pension; take an immediate payout at about 75 percent of $700,000; or take an immediate, partial amount and still get an annual pension payment — although smaller than $50,000.

Rep. Elaine Nekritz, D-Northbrook, the committee’s chairwoman, said she wanted it made clear the state would not force anyone into a reduced, lump sum payment.

That decision, Nekritz said, “would have to be completely voluntary and only at the whim and desire of the participants.”

Some other points that became clear in Monday’s hearing:

-- The committee and the General Assembly have a lot of work to do. Lawmakers have several concerns, and they are awaiting financial projections from the state’s fiscal arm, the Commission on Government Forecasting and Accountability. They also are awaiting more input from the retirement systems. Some retirement system spokespeople suggested the five systems would also need about a year’s lead time to implement such a major change.

-- The choice for a lump sum payout or conventional payout, should one of these bills or some combination of their parts become law, would have to be made only at retirement and only once.

-- Health insurance benefits would not be affected. The Illinois Supreme Court has ruled that those are protected under the 1970 Illinois Constitution’s pension protection clause.

-- Lawmakers want some sort of “floor” built into the system. Said Rep. Robert Martwick, D-Norridge, “My biggest concern is that if we offer this to employees, especially those who are not entitled to receive Social Security benefits, there is some protection for the long term, that we’re not wiping people out. People are making bad choices all the time; (we need to try to) make sure they don’t make a bad choice and wipe themselves out.”

Several committee members said they were amenable to a maximum pension buyout or a plan that allowed partial immediate buyouts coupled with smaller conventional payments.

Madison County Circuit Judge Andreas Matoesian is presiding over trial involving a softball player's alleged injuries at a Staunton tournament in August 2007.

Gregory Gvillo sued DeCamp Junction and organizer Jim Moultrie in 2008, blaming them for not following Amateur Softball Association’s Rules of Softball (ASA Rules), which require that a first base must be a double base, 15 inches by 30 inches. He claims that half of the base should have been white and in fair territory and the other half should have been orange or green and in foul territory, but was not.

He claims the base in question was only 15 inches by 15 inches, was all white and all in fair territory.

Gvillo also claims that ASA rules state that there should have been a running lane - a 30-foot line drawn in foul territory three feet parallel from the base line starting halfway between home and first, and extending to the back of first.

His alleged injuries occurred after a batter hit a ground ball, which was caught and thrown to him. The batter ran towards first base and allegedly crashed into Gvillo.

He blames the defendants for failing to properly prepare the field, alleging they “undertook to organize, sponsor and/or supervise a softball tournament being held on” the defendants' property in Staunton.

His suit claims that he suffered a fractured humerus and ulnar damage, among other things. He seeks in excess of $50,000 in damages.

More than two years ago, Matoesian had granted a defense motion for summary judment on the first day trial was to have begun in November 2013.

Defendants are represented by Robert H. Gregory of East Alton.

Matoesian agreed with Gregory, who had argued that his clients were immune from liability under a provision of the Recreational Use of Land and Water Areas Act.

Gvillo, represented at trial court by Christopher Donohoo of East Alton, appealed Matoesian's summary judgment ruling.

On March 11, 2015, the Fifth District Appelalte Court found in favor of Gvillo, holding that at the time of his alleged injury, the immunity provision was applicable only to property open to the public for use in hunting and recreational shooting.

Gvillo amended his complaint in September, and Matoesian set trial to begin Feb. 29.

Opening statements were given Monday. Trial is to resume at 9 a.m. Tuesday.

Madison County Circuit Court case number 08-L-871.

St. Clair County Associate Judge Randall Kelley denied Scott Credit Union’s motion to dismiss a former St. Louis Cardinals football player’s suit alleging consumer fraud.

However, in his Feb. 16 order, Kelley granted the defendant’s request to dismiss All Pro Development as a plaintiff. He denied the remainder of the motion.

He scheduled a status conference for May 18 at 8:30 a.m.

Plaintiffs Dave Butz and Eugene Schill filed an amended complaint on Dec. 8 against Scott Credit Union and Ted Longust, individually and as director of Scott Credit Union’s board of directors.

Butz played as a defensive lineman for the Cardinals for two seasons and for the Washington Redskins for 14 seasons.

According to the complaint, Scott Credit Union is accused of removing currency and opening unsecured lines of credit from the plaintiffs’ accounts, allegedly leaving them on the hook for millions in past due accounts.

The plaintiffs claim the defendants falsified documents, forged signatures, attempted to collect millions from past due accounts that were unauthorized and unsupported.

Butz and Schill also claim the defendants willfully used their names to extend commercial lines of credit to fictitious or random companies unrelated to the plaintiffs.

As a result, the plaintiffs claim they endured obstacles in their ability to legitimately borrow money, start new business ventures and uphold their professional reputations. They allege they are not personal guarantors for millions of dollars in fraudulent lines of credit that are now in arrears. They also allege violations of the Illinois Credit Union Act and breach of fiduciary duty.

Butz and Schill filed their original lawsuit on April 22, 2015, against Scott Credit Union, Longust, Frank Padak, Chris Browner, Steve Stryker, Adam Koisher, Sridhar Kondapalli, Brian Waldron, Marna Asbury, Janice Pyszka, Scott Peters, Dale Beard and Craid Burkhard.

However, Padak, Browner, Stryker, Koisher, Kondapalli, Waldron, Asbury, Pyszka, Peters, Beard and Burkhard filed a motion to quash service of summons on July 17. They claim the plaintiffs attempted to serve summons on them by delivering them to the law office of Michael Forster rather than attempting to personally serve the summons. Butz and Schill did not name them as defendants in the amended complaint.

Scott Credit Union filed a motion to dismiss the plaintiff’s amended complaint on Dec. 31 through attorneys James Branit and Thomas Jacobson of Litchfield Cavo in Chicago, alleging the complaint lacks sufficient facts.
It claims the plaintiffs failed to properly allege a deceptive act under the Consumer Fraud Act.

“Plaintiffs herein have not alleged a ‘deceptive act or practice’ by Scott Credit that Scott Credit intended the Plaintiffs to rely upon or that the Plaintiffs in fact relied upon,” the motion states.

Scott Credit Union claims the plaintiffs failed to allege how the defendants’ actions have deceived them or that they were aware of the alleged actions at the time.

“Indeed, there is no allegation that the plaintiffs thought that the fraudulent loans were legitimate,” the motion states. “Rather, Mr. Longust’s creation of the fraudulent loans was not meant to deceive the plaintiffs, but rather Scott Credit itself.

Further, the defendant claims the plaintiffs’ negligent and negligent hiring claims in Counts II and V are barred by the Moorman doctrine, which holds that a “’plaintiff cannot recover for solely economic loss under the tort theories of strict liability, negligence and innocent misrepresentation.’”

The defendant also argues that All Pro Development’s claims should be dismissed. While All Pro is mentioned as a plaintiff in the introduction, Scott Credit Union says the plaintiff is not mentioned anywhere else in the amended complaint.

Further, the defendant claims the plaintiffs never sought leave to add All Pro, which was not mentioned in the initial complaint.

Kelley dismissed All Pro Development as a plaintiff without prejudice on Feb. 16, but denied the remainder of Scot Credit Union’s motion.

The plaintiffs seek damages in excess of $50,000, plus attorney’s fees and costs.

They are represented by Grey Chatham Jr. of Chatham & Baricevic in Belleville.

St. Clair County Circuit Court case number 15-L-234

The East St. Louis Police Department denies liability in a man’s lawsuit alleging he was injured while trying to flee from a police officer.

Nicholas Pearson filed his lawsuit on Dec. 22 against the East St. Louis Police Department and Officer Andrew Williams.

According to the complaint, Pearson was driving his vehicle on Aug. 19 when Williams’ attempted to pull him over. Pearson fled from his car and Williams allegedly proceeded to chase him down in his patrol car. Pearson claims Williams hit him with his vehicle during the pursuit.

The East St. Louis Police Department answered the complaint on Feb. 8 through attorney Tameeka Purchase of Clayborne Sabo & Wagner in Belleville.

The defendant asserted three affirmative defenses against the plaintiff, denying all liability and arguing that any alleged injuries are a result of his own negligence, fault and unlawful conduct.

The defendant also alleges immunity from liability according to the Illinois Local Governmental and Governmental Employee Tort Immunity Act.

Pearson filed a response on Feb. 10 through attorney Jarrod Beasley of Kuehn Beasley & Young in Belleville. He denies the allegations in the affirmative defenses.

Associate Judge Randall Kelley scheduled a status conference for March 16 at 8:30 a.m.

Pearson seeks an unspecified amount for his alleged financial and physical damages.

The plaintiff is represented by Jarrod Beasley of Kuehn, Beasley and Young PC in Belleville.

St. Clair County Circuit Court case number 15-L-725

A construction company denies liability and claims a Cahokia man’s employer is to blame in the personal injury lawsuit alleging the man was injured when a piece of equipment hit him.

Curtis Barnett filed the lawsuit on Dec. 18 against Baxmeyer Construction Inc. and Brian Embrich.

According to the complaint, Barnett was working for Kozeny-Wagner on a construction project at the state Route 3 extension in East St. Louis on April 18, 2015. While on the job, Barnett claims he was struck by a skidloader operated by Baxmeyer and its employee Embrich.

As a result, the plaintiff claims he sustained severe injuries to his back, neck, legs, shoulders, hips and head.
Baxmeyer Construction answered the complaint on Jan. 29 through attorney Stephen Christiansen of the Law Offices of Rouse and Cary in St. Louis.

The defendant asserted nine affirmative defenses, claiming the plaintiff’s own negligence caused any alleged injuries.

Baxmeyer also alleges that Brian Embrich was not an employee or agent of the defendant at the time of the alleged incident, meaning Baxmeyer had “no right to direct or control the manner in which Brian Embrich was performing his work.”

Baxmeyer filed a four-count third-party complaint on Feb. 1 against Kozeny-Wagner, Inc.

Baxmeyer claims that it entered into a subcontract with Kozeny on Dec. 31, 2013, and Barnet was an employee of Kozeny.

Baxmeyer seeks contribution from Kozeny for its alleged “negligent failure to properly train and/or supervise plaintiff.”

Baxmeyer also alleges that Embrich was employed by Kozeny and was performing tasks at their behest, and under their supervision and direction. Therefore, Baxmeyer says it is entitled to indemnification, but Kozeny has allegedly refused to indemnify Baxmeyer.

Associate Judge Randall Kelley scheduled a status conference for March 16 at 8:30 a.m.

Barnett seeks a judgment of more than $50,000, plus court costs and attorney’s fees.

He is represented by attorneys Kenneth L. Halvachs and Ronald J. Abernathy Jr. of Halvachs & Abernathy LLC in Belleville.

St. Clair County Circuit Court case number 15-L-710

St. Clair County’s Public Building Commission claims it is a “separate body politic” from St. Clair County and seeks dismissal in a woman’s lawsuit alleging she was exposed to hazardous chemicals from cleaning products.

Amy Rittmeyer filed the lawsuit on Dec. 18 against Foley Chemical and Machine Company, Foley Janitor Service and the St. Clair County Public Building Commission.

According to the complaint, Rittmeyer was on duty at the St. Clair County Public Building Commission at 11 Lincoln Place in Belleville between Oct. 5 and 7. While there, she claims she was exposed to hazardous chemicals used in cleaning the facility. Foley Chemical allegedly conducted the cleaning.

She alleges the defendants did not provide warnings about the chemicals used or how hazardous they are. She also claims the defendants failed to determine if the chemicals were safe for human exposure.

As a result, Rittmeyer claims she sustained severe and permanent injuries to her lungs and respiratory tract, which allegedly required medical treatment.

The Public Building Commission filed a motion to dismiss on Jan. 7 through attorney Bernard Ysursa of Cook Ysursa Bartholomew Brauer & Shevlin in Belleville.

“The complaint is wholly deficient, in that it fails to identify the alleged ‘hazardous materials’ which allegedly caused injury to the plaintiff,” the motion states.

The defendant argues that the Public Commission of St. Clair County is a “total separate body politic” from St. Clair County, but the complaint argues that it is a department.

Further, the defendant claims the Public Building Commission is not the owner of the property at issue.

The Public Building Commission also argues that Counts V, VI and VII are insufficient and fail to provide required details.

Foley Chemical answered the complaint on Jan. 22 through attorney Kenneth Bean of Sandberg Phoenix & von Gontard in St. Louis, denying the allegations against it and filing a counterclaim for setoff against Rittmeyer.

“Should the plaintiffs enter into a good faith release or covenant not to sue or not to enforce judgment with any person liable in tort arising out of the same injury, defendant has a right to reduce plaintiffs’ recovery (setoff), if any, by the amount stated in such release or covenant, or by the amount actually paid, whichever is greater,” the motion states.

Foley Chemical also asserted 12 affirmative defenses against the plaintiff. It argues that any alleged injuries were the result of conduct by a party other than Foley Chemical.

The defendant also argues that Rittmeyer’s claim for punitive damages is barred because Foley Chemical did not commit a malicious, oppressive or reckless act.

“Furthermore, plaintiff has not alleged any conduct in which this defendant supposedly engaged that rises to the level that supports a punitive damage award,” the answer states.

Circuit Judge Andrew Gleeson scheduled a status conference for March 14 at 9 a.m.

Rittmeyer seeks a judgment in excess of $50,000 from all three defendants, plus court costs and attorney’s fees.

The plaintiff is represented by Kenneth Halvachs and Ronald Abernathy of Halvachs & Abernathy LLC in Belleville.

St. Clair County Circuit Court case number 15-L-709

The East St. Louis School District 189 says it is immune from liability in a student’s lawsuit alleging she slipped and fell in the high school gymnasium.

Lashanda Farmer, individually and as mother/next friend of Mikalah Farmer, filed the original complaint on Jan. 29 against East St. Louis School Board of Education and East St Louis School District 189.

Farmer then filed a first amended complaint on Feb. 3 through attorney Micah Summers of Walton Telken Foster in Edwardsville.

According to the lawsuit, Mikalah Farmer, a minor, was walking inside the gymnasium at the East St. Louis Senior High School on Feb. 3, 2015, when she allegedly slipped and fell.

She claims the floor of the gym was covered with water, creating a slipping hazard for anyone who walked on it.

The plaintiffs allege the defendants were negligent and careless by allowing a dangerous condition to exist, failing to maintain the floor, failing to fix the dangerous condition of the floor, failing to place a barricade around the dangerous area and failing to give the plaintiff adequate warning of the dangerous condition of the floor.

The East St. Louis School District filed a motion to dismiss the plaintiff’s amended complaint on Feb. 19 through attorney Garrett Hoerner of Becker Hoerner Thompson & Ysursa in Belleville. It argues that it is immune from liability according to the Illinois Local Governmental and Governmental Employees Tort Immunity Act.

The plaintiffs seek a judgment of more than $50,000, plus court costs and other relief the court deems just.

St. Clair County Circuit Court case number 16-L-53

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