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House candidate Acklin denies he shrugged off sex charges against teacher

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Republican Illinois House hopeful Jim Acklin says accounts he let a family friend continue teaching high school after being told he was a sexual predator are “desperate political attacks.”

Acklin’s handling of St. Joseph-Ogden High School teacher-turned-convicted sexual predator Jon Jamison was the subject of a story in the Madison/St. Clair Record on Feb 28. According to court documents and published reports, the former superintendent-- who stood up in Jamison’s wedding-- hosted a 2008 meeting where he heard allegations that his friend was in a sexual relationship with a student.

But Acklin and the school didn’t take action until four years later, in 2012-- after the Champaign County Sheriff brought charges against Jamison. He later pled guilty to aggravated criminal sexual abuse of a victim between the ages of 13 and 18.

A 2012 story published by WCIA-TV (CBS) in Champaign reported that "Acklin says he was aware of an incident involving Jamison in February 2008.”

But Acklin now claims these accounts aren’t true. He says he wasn’t told about Jamison’s relationships with students until charges were brought and that charges otherwise are based on “lies and deception.”

“There is nothing more important to me than the health, safety, and care of students,” Acklin said in a statement. “They are the reason I became a teacher and coach, and later, a school administrator. Jon Jamison’s actions were despicable. As soon as I learned of them, he was immediately removed from the classroom and banned from school property. We took all actions to keep our students safe and to keep this man from ever being in a position of authority ever again.”

Jamison, according to court documents, is alleged to have carried on inappropriate student relationships from 2002 until 2012, when charges were brought. Acklin stood up in his wedding in Dec. 2005. He became superintendent of St. Joseph-Ogden School district in 2007.

Former St. Joseph-Ogden School Board President Les Hoveln came to Acklin’s defense, stating that such allegations are “desperate political attacks” against Acklin, the schools and the community.

“These political attacks are disgusting,” Hoveln said. “They’re telling lies about Jim Acklin and attacking our great schools and great community. In my experience, Jim Acklin showed tremendous leadership for our school district and community during this incredibly difficult incident. I am thankful for the contributions he made to our community and hope people look past these vile, desperate political attacks.”

In a 2012 “Jane Doe” sexual misconduct lawsuit, another former high school student sued the school district, Acklin, Chad Uphoff, St. Joseph-Ogden High School principal in 2006-07, and Brian Brooks, the school’s principal in 2007-2008; claiming that while the school investigated allegations by another girl’s parent, it didn’t report the allegations to the Illinois Department of Children and Family Services (DCFS) as required by law.

Doe’s lawyers, Thomas Bruno and Dennis Mickunas of Champaign, wrote in the suit that Jamison flirted with Jane Doe, sent her suggestive messages and made suggestive calls, kissed her passionately, and rubbed her thigh; in addition to providing alcohol to the minor which the two consumed on more than one occasion.

The suit also claimed Jamison had hugged and kissed female students, touched them suggestively, rubbed their thighs, and asked them to dance for him.

Acklin and the school board argued that this was as much the high school girl’s fault as Jamison’s.

“Plaintiff was under a duty to use care and caution for her own safety and well being,” they argued, adding that and that the student “concealed facts and deceived school officials when she was asked about her relationship with Jamison.”

Ultimately, Acklin and the district won the case in Champaign County circuit court, after Circuit judge Jeffrey Ford agreed that Jamison may have passionately kissed and caressed the student, but because he did not have sexual intercourse with her, under Illinois Code, “None of the alleged acts by the plaintiff fit the definitions of sexual conduct or sexual penetration.”

The school district settled the claims for $6,500.

Acklin is vying for the Republican nomination in the 102nd District, which includes Paris, Shelbyville, St. Joseph, Ogden and Tuscola.


Madison County jury finds for defendants in softball player's injury case

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Madison County jurors on Wednesday found in favor of a softball tournament organizer who was sued more than seven years ago by a player who got hurt while covering first base.

The 12-person jury ruled for DeCamp Junction and organizer Jim Moultrie in a case plaintiff Gregory Gvillo brought in September 2008 involving a tournament held a year earlier.

Gvillo blamed the defendants 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 claimed 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 claimed the base in question was only 15 inches by 15 inches, was all white and all in fair territory.

Gvillo also claimed 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 blamed 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.

Circuit Judge Andreas Matoesian presided over trial.

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

Attorney Christopher Donohoo of East Alton represented Gvillo.

Before trial started, Donohoo filed several motions in limine. He sought to bar evidence related to:

- Defendants' "lack of intent" to harm Gvillo as being irrelevant and "more prejudicial than probative."
- Gvillo's consumption of one beer before Aron Klenke collided with him at first base. "The consumption of one beer does not amount to intoxication and has no bearing on the issues in the case."
- Gvillo's possible medical payments or benefits.
- Settlement reached between Gvillo and Klenke.
- Whether Klenke intended to collide with Gvillo.
- Relating to Gvillo's team name at the time of the sign up. "Someone other than the Plaintiff originally signed up Gvillo's team to play in Defendants' league using an offensive name," Donohoo wrote. 

Defense motions in limine sought to bar evidence:

- Regarding the fact that a two-base first base system was either installed or used at DeCamp Junction subsequent to the date of Gvillo's injury. "Subsequent remedial measures are inadmissible," Gregory wrote.
- That softball games played at DeCamp Junction are money-making ventures.
- As to whether any witness has been prevented from participating in the summer softball league at DeCamp Junction after plaintiff filed this lawsuit.

Gvillo had claimed he suffered a fractured humerus and ulnar damage, among other things, and sought in excess of $50,000 in damages.

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

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 appealed Matoesian's summary judgment ruling.

On March 11, 2015, the Fifth District Appellate 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 last September, and Matoesian set trial to begin Feb. 29.

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

Republican elites fear losing control

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To the Editor:

The Republican elites are again speaking with a forked tongue. They say they want to protect the country from Donald Trump. What they actually want to protect is their ability to receive a big slice of federal pork (your tax money).

They know if Hillary Clinton wins, the Democrat establishment will control the Executive Branch of government and all the contracts it has to hand out each year.

The Republican elites fear that if Trump wins, the Republican Party will not control the Executive Branch. Donald Trump will control the Executive Branch and he is not going to hand out contracts to the Friends of Republican Elites (FOREs).

So every time you see one of those “Republican” sponsored ads which ‘tear down’ Donald Trump, you are looking at dollars which are being invested with the long term strategy of moving federal dollars (contracts) into the pocket of the advertisement’s true sponsor.

This is true whether you hate Donald Trump and would never vote for him in a primary or if you love Donald Trump and desperately want him to win the White House. Presidential politics is about directing the flow of federal dollars. 

Lee Presser
Edwardsville

Honda, Toyota, MetLife among companies named in man's asbestos suit

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BELLEVILLE – A man who spent his working life as a laborer is suing over his alleged exposure to asbestos. 

Warren Latshaw filed the suit on Jan. 25 in St. Clair County Circuit Court against American Honda Motor Co., Borg-Warner Morse, Eaton Corporation, Goulds Pumps LLC, Toyota Motor Sales USA Inc. and Union Carbide, among other listed defendants. Metropolitan Life Insurance Co. is singled out as a defendant.

From 1966 to now, the plaintiff worked various jobs, from tank commander for the U.S. Marines to concrete laborer to car assembler to mechanic. At various times, the lawsuit alleges, the plaintiff was exposed to and inhaled, ingested or otherwise absorbed large amounts of asbestos fibers emanating from products he was working with. He also was allegedly exposed to asbestos-containing products through his father, who also worked as a mechanic.

The plaintiff was diagnosed with lung cancer on July 10, 2015. The lawsuit alleges he became ill due to the  negligent and willful and wanton acts by the defendants. Among the allegations in the suit are that the companies: included asbestos in their products, failed to provide any instructions concerning safe methods of working with and around those products and failed to conduct tests on those products to determine the hazards to which workers were exposed.

The count against Metropolitan Life Insurance Co. is for alleged conspiracy. According to the complaint, the life insurance company was among a group of companies that conducted research about the health risks of asbestos. The suit claims the results of the study were altered and Metropolitan Life knew it. Further, the defendant allegedly tried to discredit scientists working on the study and also actively suppressed publication about the dangers of asbestos, the suit claims.

In addition to becoming sick, the plaintiff alleges he is now liable for large medical care costs and he has been hindered from pursuing his normal course of work.

The plaintiff seeks compensatory, punitive and exemplary damages in an amount in excess of $50,000 from each defendant. He is represented by Randy L. Gori of Gori, Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 16-L-42

Bank sues St. Clair County man for allegedly not paying promissory notes

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BELLEVILLE – A St. Clair County bank is suing a man for allegedly failing to pay promissory notes.

Community First Bancorp Inc. filed the lawsuit Feb. 11 in St. Clair County Circuit Court against Matthew D. Howland of of St. Clair County.
  
According to the complaint, on June 24, 2015, the parties entered into a forbearance agreement relating to payment of the notes but Howland defaulted on the notes.
  
The sum of $416,068 is due and owing from the defendant, plus accruing interest after Jan. 11, collection costs and attorney fees, the lawsuit says. The complaint says the plaintiff made demand for payment, but the defendant remains in default.

Community First Bancorp seeks the entire amount owed, plus pre-judgment interest, costs of collection, attorney fees and other relief the court deems just. It is represented by attorney David L. Antognoli of Goldenbert Heller & Antognoli PC in Edwardsville.

St. Clair County Court case number 16-L-83

Motorist blames another driver for traffic violations that allegedly caused injuries

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EDWARDSVILLE – A female motorist is suing another driver, alleging negligence over injuries she says she received in an automobile accident.
 
Sandra Rhodes filed the lawsuit Feb. 11 in Madison County Circuit Court against James Drennan, alleging negligence.
  
According to the complaint, on Dec. 23, Rhodes was driving her vehicle southbound on Old Collinsville Road in Fairview Heights, and Drennan was operating his vehicle, traveling in the same direction at the same location. The suit says his vehicle struck the rear of the plaintiff's vehicle.

The lawsuit alleges Drennan's negligence includes failing to keep a proper lookout, driving in such a manner as to strike the plaintiff's vehicle, operating his vehicle at an excessive rate of speed and following the plaintiff's vehicle too closely.
  
As a result of the collision, the plaintiff alleges she received injuries to her neck, shoulders and back, will continue to spend money on medical care, has been disabled and has lost wages.

Rhodes seeks at least $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.

Madison County Circuit Court case number 16-L-81

Couple seeks damages from husband's alleged exposure to asbestos

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BELLEVILLE – A husband and wife are suing over his exposure to asbestos during the course of his work life.

Michael Yoch and Karen Yoch filed the suit on Jan. 6 in St. Clair County Circuit Court against Dow Chemical Company, Georgia-Pacific LLC, Union Carbide Corporation and numerous other defendants. Metropolitan Life Insurance is also listed as a defendant.

The plaintiff was allegedly exposed to asbestos from 1965 to 2012, his working years, and also experienced second-hand exposure through his father, who worked as a farmer and teamster.

The plaintiff allegedly inhaled, ingested or otherwise absorbed large amounts of asbestos fibers emanating from certain products he was working with and which were manufactured, sold, distributed or installed by the defendants, the lawsuit states. That exposure is not specific to any one job or any one defendant, but rather occurred at different times and at different locations.

On Jan. 27, 2014, the plaintiff learned that he had developed lung cancer, which can be caused by asbestos exposure.

Among the allegations against the defendants: willful and wanton conduct, fraudulent misrepresentation, battery, intentional infliction of emotional distress, and spoilation of evidence.

Metropolitan Life is included in the suit for conspiracy because it allegedly withheld information about the dangers of asbestos fibers.

Michael Yoch seeks at least $50,000 from each defendant listed under specific counts, compensatory damages from some defendants, and punitive damages from some in an amount the court deems sufficient to punish specific defendants. Karen Yoch seeks judgment against the defendants for loss of consortium of at least $50,000. They also seek court costs.

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

St. Clair County Circuit Court case number 16-L-9

Delivery driver sues Aldi, Dean Foods over work injuries

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EDWARDSVILLE – A delivery driver is suing over injuries he allegedly experienced while on the job, citing negligence.

Michael Wilson filed the suit on Feb. 22 in Madison County Circuit Court against Aldi Inc. and Dean Foods Company.

Aldi is a national grocery store chain. Dean Foods is a distributor of food products, which operates in Illinois.

On Sept. 27, 2014, the plaintiff was delivering milk products from Dean Foods to Aldi's Missouri Avenue location in West Plains. The milk was loaded onto large carts called bossies, supplied and maintained by Dean.

The wheel on the bossy the plaintiff was pushing that day allegedly was defective. He also claims he was pushing the loaded bossy up a defective ramp at Aldi when the bossy struck a nail in the plywood ramp and turned over. The plaintiff fell and suffered serious injury.

When the plaintiff fell, he claims he suffered injuries to his head, body, limbs and back. He has spent money for medical care and expects to do so in the future. He also says he has experienced disability, pain and suffering; and he has lost money from wages because he hasn't been able to work.

The plaintiff seeks judgment against both defendants for an excess of $50,000 plus costs of the lawsuit. He is represented by Lloyd M. Cueto of the Law Office of Lloyd M. Cueto in Belleville and Michael Gras of the Law Office of Christopher Cueto Ltd. in Belleville.

Madison County Circuit Court case number 16-L-246

Ford, MetLife named in asbestos suit

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BELLEVILLE – A married couple is suing over the husband's longtime exposure to asbestos that allegedly led to his diagnosis of cancer.

Joe Coates and Patricia Coates filed the suit on Jan. 26 in St. Clair County Circuit Court against many named defendants, including Aurora Pump Company, Ford Motor Company, Special Electric Company and Union Carbide Corporation. Singled out as a defendant is Metropolitan Life Insurance Company.

From 1957 to the 1990s, Joe Coates worked in various laborer capacities. During those years, the suit alleges he was exposed to and inhaled, ingested or otherwise absorbed large amounts of asbestos fibers emanating from certain products he was working with and around. Those products were manufactured, sold, distributed or installed by the defendants.

Joe Coates was diagnosed with lung cancer, which can be an asbestos-induced disease, on Sept. 30, 2015.

According to the complaint, the defendants knew or should have known that the asbestos fibers in the products had a toxic effect on those who worked around it. 

Joe Coates seeks a judgment of at least $50,000 from various defendants alleging negligence, willful and wanton conduct, battery, negligent and willful and wanton spoilation of evidence, infliction of emotional distress, and fraudulent misrepresentation.

The count against Metropolitan Life is for alleged conspiracy in regards to its active role in suppressing information about the dangers of asbestos exposure. The plaintiff seeks an amount in excess of $50,000 as a result.

Patricia Coates seeks an excess of $50,000 for the loss of consortium of her husband because she and other family members have been deprived of his companionship, society and services.

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

St. Clair County Circuit Court case number 16-L-49

Driver injured in O'Fallon crash blames other motorist

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BELLEVILLE – A motorist is suing over injuries he suffered in an O'Fallon automobile accident, alleging negligence against the other driver.

Ashton T. Michaels filed the suit on Feb. 5 in St. Clair County Circuit Court against Ronald L. Smith.

According to the suit, Michaels was driving southbound on Greenmount Road near its intersection with the entrance ramp to westbound Interstate 64 in O'Fallon on Dec. 19, 2015. Smith was driving northbound on Greenmount Road, approaching the same intersection.

The lawsuit alleges Smith made an improper left-hand turn in front of Michael's automobile, failed to keep a proper lookout and failed to reduce speed to avoid a collision. As a result, Smith's vehicle allegedly collided with Michael's car, resulting in injuries to the plaintiff, who says he continues to suffer pain, permanent disability and disfigurement.

Michaels seeks judgment against the defendant in an amount greater than $50,000 plus court costs. He is represented by Brad L. Badgley of Brad L. Badgley PC in Belleville. 

St. Clair County Circuit Court case number 16-L-72

Driver sues over East Alton automobile accident

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EDWARDSVILLE – A woman is suing following an East Alton automobile accident.

Ida Mae Murphy filed the suit on Feb. 22 in Madison County Circuit Court against Elaine Sims.

On Dec. 22, 2014, the plaintiff claims she was driving her Cadillac southbound on South Ninth Street near the intersection of East Haller in East Alton. At the same time, the defendant was driving her vehicle westbound on East Haller near its intersection with South Ninth Street in East Alton. 

The defendant allegedly drove her vehicle in front of the plaintiff's, causing a collision. The suit alleges the defendant failed to yield at an intersection, failed to keep her vehicle under proper control, failed to keep a proper lookout and failed to stop her vehicle in time to avoid a collision, among other negligent acts.

As a result, Murphy claims she suffered bodily injuries to her left shoulder, hips, head and other areas of her body, according to the suit. She allegedly has suffered pain, anguish and disability, and a loss of normal life. She claims she will continue to pay medical expenses, has lost wages and experienced property damages related to her vehicle.

The plaintiff seeks a sum in excess of $50,000 plus court costs. She is represented by Michael P. Glisson of Williamson, Webster, Falb & Glisson in Alton.

Madison County Circuit Court case number 19-L-247

Waterloo woman alleges injuries from slip and fall on icy parking lot

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BELLEVILLE – A Waterloo woman is suing after she allegedly slipped and fell on an icy parking lot.

LaDonna Harrison filed the suit Feb. 10 in St. Clair County Circuit Court against 8 Oakwood Investments and several other named defendants.

On Feb. 14, 2014, the plaintiff claims she was on the defendants' premises as an invitee. On that day, the parking lot at 400 and 402 W. Main St. in Belleville was allegedly covered in an unnatural accumulation of ice and snow.

The plaintiff alleges the defendants had a duty to keep the parking lot clear of hazards. She alleges they were negligent in allowing a dangerous condition to exist on its premises, failing to maintain the parking lot in a reasonably safe condition, failing to fix the dangerous condition, and failing to erect a barricade to guard against plaintiff's contact with the dangerous condition.

The plaintiff's slip and fall caused injuries to numerous parts of her body, she will continue to spend money for medical expenses, and she has lost and will in the future lose wages from gainful employment.

The plaintiff seeks an amount in excess of $50,000, plus court costs and other relief the court deems just. She is represented by Micah S. Summers of Walton Telken Foster LLC in Edwardsville.

St. Clair County Circuit Court case number 16-L-80

Just For Men class actions removed to federal court in East St. Louis under CAFA; Combe says the cases have ‘no merit’ and little connection to Illinois and Missouri

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Five Illinois lawsuits with roughly 1,200 plaintiffs alleging men were injured by the Just For Men hair dye products were recently removed to the U.S. District Court for the Southern District of Illinois.

The Just For Men manufacturers provided a statement denying liability in the suits.

“We believe the claims made by the plaintiffs’ lawyers have no merit, and we will vigorously defend these lawsuits,” the defendants stated.

John Driscoll and Philip Sholtz of The Driscoll Firm in St. Louis filed the class action suits within the past two months on behalf of the plaintiffs against the manufacturers of the Just For Men products. Defendants Combe Inc., Combe Products Inc., Combe Laboratories Inc. and Combe International LTD were named in the suits. Together, they are referred to as “Combe.”

Combe is represented by Steve Strauss, Dan Ball and Stefan Mallen of Bryan Cave LLP in St. Louis.

The cases have little connection to Illinois.

Of the 1,200 plaintiffs, only a fraction of them are Illinois residents.

In just one of the cases, which was filed in St. Clair County by 240 plaintiffs, the claimants are citizens of 31 states and Canada. Less than 1/3 of the plaintiffs in the sample case are residents of Illinois.

And that’s just Illinois.

There have also been six lawsuits against the Just For Men manufacturers filed in Missouri courts. Each of those cases include about 20 plaintiffs per lawsuit.

So far, these Just For Men class actions have not been filed in other jurisdictions across the country. The focus, for the time being, is centered on Illinois and Missouri.

In their lawsuits, the plaintiffs claim the Combe defendants failed to adequately warn against the risks of using the Just For Men hair products.

Combe, on the other hand, says it provided sufficient warnings and labels in accordance with the required guidelines.

“Combe’s Just For Men hair coloring products have been on the market since 1987, with millions of satisfied consumers. The safety and efficacy of our products, and the satisfaction of our customers, is paramount to our company. Just For Men hair dye products fully comply with all regulatory and legal requirements, including the ingredients used, the directions, labeling and warnings that are included with the hair dye products,” the defendants stated.

However, the plaintiffs allege the products create a risk of burns, scarring, allergic reactions, anaphylactic shock and skin depigmentation.

Combe disagrees with the allegations, but urges men using the hair dye to read and follow the instructions completely.

“Hair colorants are one of the most thoroughly studied consumer products on the market and their safety is supported by a wealth of scientific research. Allergic reactions to hair colorants, or any other cosmetic product, are exceedingly rare. Nonetheless, we urge our consumers to be observant of all product directions, and consult with our color experts if they should have any questions before using our products,” the defendant stated.

In a notice of removal filed in one of the St. Clair County lawsuits, the defendants argue that removal is proper under the “mass action” provision of the Class Action Fairness Act, which isn’t typically acceptable in Illinois as most cases have less than 100 plaintiffs. However, because the Illinois suits have included more than 200 plaintiffs in each case, the “mass action” defense stands.

“Although Combe believes these personal injury claims concerning the use of Just For Men products should be tried individually, based on the complaints filed in state court, these cases belong in federal court as ‘mas actions’ under CAFA,” the March 2 notice states.

Bubby & Sissy's claims concert-goer caused own injuries in fall

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An Alton tavern claims a concert-goer caused her own injuries when she allegedly fell off a platform while trying to get to the restroom.

Christina Flannigan filed the lawsuit on Dec. 23 against Bubby & Sissy’s.

According to the complaint, Flannigan was at Bubby & Sissy’s, located at 602 Belle St. in Alton, on Dec. 27, 2013, to see a show on the second floor. She claims the area was overcrowded, violating fire codes, and there was no way for customers to get to the restroom or leave the premises.

Flannigan claims she had no choice but to step up on a platform to walk to the restroom. But she claims the lighting was poor and there were no steps on the platform, causing her to fall and injure herself, the suit states.
As a result of the fall, she claims she injured her ankle and required surgery.

Bubby & Sissy’s answered the complaint on Feb. 17 through attorneys John Cunningham and Daniel Hasenstab of Brown & James in Belleville.

The defendant argues that if the plaintiff suffered a fall, then she is “guilty of comparative negligence in that she failed to keep a careful lookout while walking on defendant’s premises.”

Bubby & Sissy’s also argues that the plaintiff allegedly fell in an area where she was not authorized to be and was not available for her use, meaning the defendant had no duty to exercise ordinary care to prevent injury.

Flannigan replied on Feb. 23 through attorneys Michael Glisson and Timothy Chartrand of Williamson, Webster, Falb & Glisson in Alton. She denied the allegations in the affirmative defenses.

She seeks damages in excess of $50,000, plus court costs and attorney’s fees.
 
Madison County Circuit Court case number 15-L-1666

Terminal Railroad removes former employee's age discrimination suit

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A railroad company removed a former employee’s lawsuit alleging age discrimination to federal court.

Terminal Railroad Association of St. Louis filed a notice of removal to the U.S. District Court for the Southern District of Illinois on Feb. 5 through attorney Heidi Kuns Durr of Ogletree, Deakins, Nash, Smoak & Stewart of St. Louis.

The defendant argues that removal is proper based on the diversity of citizenship and the amount in controversy.

According to the Dec. 21 complaint, plaintiff Harrold Smithee worked for Terminal Railroad from June 8, 1962, until he was terminated on Sept. 2, 2014.

Smithee claims he took a position as a railroad engineer in 1990 and became eligible for retirement on Dec. 24, 2002, when he reached the age of 60 and completed 30 years of service, the suit states.

Smithee alleges that when he became eligible for retirement, the defendant’s managerial staff allegedly began asking him when he planned to retire. He also claims the defendant coerced other older employees to retire.

Then on Sept. 2, 2014, the defendant terminated Smithee’s employment. Smithee claims his termination was due to his age.

The plaintiff seeks damages of more than $50,000 for back pay, lost wages, inconvenience, emotional upset, pain and suffering, court costs and attorney’s fees.

Smithee is represented by Edward J. Szewczyk of Callis, Papa & Szewczyk in Granite City.

Madison County Circuit Court case number 15-L-1640

Ameren denies liability and alleges wrong name in man's electrocution suit

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Ameren denies liability in a man’s lawsuit alleging he was injured when the backhoe he was operating struck an electrical line.

Donald “Joe” and Jennifer Chick filed the lawsuit on Jan. 15 against Ameren Illinois Company, also known as Ameren Transmission Co. of Illinois, and Premier Utility Services LLC.

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

Premier was employed to locate and mark all underground lines across the entire property, the suit alleges.

The plaintiffs also claim they informed the defendants of their plans to excavate, but the defendants allegedly failed to record the notice and did not mark the property.

As a result, the plaintiff claims he was electrocuted when he came into contact with the live electrical line.

Ameren Illinois answered the complaint on Feb. 26 through attorney Matthew Champlin of HeplerBroom in Edwardsville, denying liability.

The defendant also filed a motion to strike Ameren Transmission Co. of Illinois from caption of complaint. The defendant argues that Ameren Transmission Co. of Illinois and Ameren Illinois Company are two distinct legal entities, meaning one is not also known as the other.

“Ameren Transmission Co. of Illinois did not own, operate, or maintain the electric line at 112 Riverwoods Cove, East Alton, Illinois. Rather, the underground line allegedly involved in this incident is owned, operated and maintained by Ameren Illinois Company,” the motion states.

The plaintiffs seek judgments against both defendants of more than $50,000 for each count, plus court costs.

The Chicks are represented by Mark R. Bahn of St. Louis.

Madison County Circuit Court case number 16-L-61

The longest ball game ever

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What's the longest game in baseball history? That depends.

The longest game in major league baseball history was the May 8, 1984 game between the Chicago White Sox and the Milwaukee Brewers. It took 25 innings and eight hours and six minutes for the Sox to beat the Brewers 7-6.

The longest minor league game began on April 18, 1981 and pitted the Pawtucket Red Sox against the Rochester Red Wings. After 33 innings and eight hours and 25 minutes, the Sox beat the Red Wings 3-2.

The longest exhibition game, a charitable event, occurs annually in Boston and goes on for 100 innings, lasting roughly 36 hours.

Then there's the game that lasted almost eight years – not the game itself, but the litigation game proceeding from it.

Gregory Gvillo was injured while playing first base in a softball tournament in Staunton in August 2007 when a batter hit a ground ball and crashed into him while trying to beat the throw to first.

A year later, Gvillo filed suit against the organizers of the event, accusing them of failing to follow the Amateur Softball Association’s Rules of Softball and seeking more than $50,000 in damages.

Five years later, on the first day of trial in November 2013, Circuit Judge Andreas Matoesian granted a defense motion for summary judgment.

Gvillo appealed, the Fifth District Appellate Court found in his favor on March 11, 2015, and the case returned to circuit court.

Last week, nearly eight years after the case began, nearly nine years from the time of his injury, the jury ruled in favor of the defendants.

Gvillo spent eight years trying to wrangle money out of tournament organizers for an accident they were not responsible for, an accident every ball player knows is a potential hazard for first basemen.

In the end, the lawsuit accomplished absolutely nothing, other than harassing the defendants for nearly a decade and cluttering the courts in the process. Still, it was one for the record books.

Cahokia student's mother denies allegations against her daughter in classmate's assault suit

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The mother of a Cahokia 7th grade girl claims her daughter was just reacting to a boy putting his finger in her face when she allegedly broke his finger by twisting it.

Jershaun Neal, by and through his mother and natural guardian Leheshia West-Neal, filed the lawsuit on Sept. 17 against Makayla Wells, JoAnn Watson, Mississippi Valley Insurance Cooperative and the Board of Education for Cahokia Unity School District No. 187.

According to the complaint, Neal and Wells were students in class at Wirth 7th Grade Academy School in Cahokia when Wells allegedly grabbed, twisted and bent Neal’s left index finger on Oct. 7, 2014. As a result, Neal allegedly sustained a fracture and had to have surgery.

The plaintiffs claim the minor boy did not provoke or consent to Wells’ behavior.

The plaintiffs allege the school district showed a conscious disregard for the safety of others as they failed to properly supervise Wells when they knew she suffered from behavioral problems and had acted violently toward other students in the past.

Watson, Wells’ mother, is named a defendant in the suit for failing to supervise her daughter when she allegedly knew she had a propensity to assault or be physical with fellow students. The suit alleges Watson could have placed Wells in an alternate school or home-schooled her and could have obtained medical and psychological treatment for her daughter to ensure she wouldn’t cause harm to others.

The plaintiffs allege Mississippi Valley failed to pay the plaintiffs medical payment coverage benefits for the medical expenses. The Neals seek damages of more than $50,000.

Mississippi Valley filed a motion to dismiss the complaint on Oct. 16 through James Clayborne Jr. of Clayborne Sabo & Wagner in Belleville. The defendant argues that the plaintiffs failed to attach a copy of the insurance policy.

Mississippi Valley also alleges the plaintiffs failed to show the defendant had a contractual obligation to the plaintiffs, and they failed to provide sufficient facts that state an actual contract existed with specific terms.

The Board of Education answered the complaint on Oct. 16 through Clayborne, denying liability and asserting 11 affirmative defenses against the plaintiffs.

The defendant claims the allegations in the complaint do not rise to the level of willful and wanton acts.

The defendant also alleges immunity under the Local Governmental and Governmental Employees Tort Immunity Act.

The plaintiffs replied on Jan. 19, denying the allegations raised in the affirmative defenses.

On Nov. 23, the Board of Education filed a motion for entry of agreed protective order to “assure the protection of proprietary or confidential documents that may be produced in this litigation.”

The parties explain that the information and documents the plaintiffs may seek to discover involve students at the Cahokia school, which are minor children, so they wish for the information to remain confidential.

Watson filed a handwritten answer to the complaint on Dec. 9. She claims the school principal called and said the two children were playing and Neal stuck his finger in Wells’ face. Wells responded by grabbing his finger and twisting it.

She claims she was told that her daughter would not be punished because it was an accident, but she was called again later that day and was told Wells would be suspended for one day.

Watson alleges she never heard anything else on the matter for almost a year until she received papers in the mail.

“I don’t agree with amount that they are sue for I don’t agree with what they are saying about her [sic],” the answer states.

On Jan. 19, the plaintiffs filed a motion for a more definite answer from Watson.

“The ‘answer’ does not specifically deny the separate allegations set forth in Plaintiffs’ complaint, even though it does indicate that she does not agree with the amount of damages prayed for, and even though she does not agree with ‘what they are saying about her’ daughter.

“This answer, as drafted, prevents the Plaintiffs from understanding what allegations she actually does agree with.

“In addition, it cannot be ascertained from reading the document as to whether defendant, Watson, is responded on behalf of herself, her daughter, or both,” the motion states.

West-Neal answered the defendant’s first request for admissions on Feb. 8 through attorney Marc Weinberg of Goldenhersh Law Offices in East St. Louis.

She stated that her son had not previously reported that he feared Wells would cause him physical harm or than he had been bullied or threatened by the girl.

Further, she admitted that she knew her son had assaulted a fellow student prior to his enrollment at Wirth 7th Grade Academy and had been suspended for “violently assaulting another student(s).”

St. Clair County Circuit Court case number 15-L-528

Judge Kelley transfers patient's suit alleging infection from neck injection to Madison County

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St. Clair County Associate Judge Randall Kelley granted St. Joseph’s Hospital’s motion to transfer a patient’s case alleging he suffered an infection following a neck injection.

St. Joseph’s Hospital filed a motion to transfer venue based on forum non conveniens on Dec. 31 through attorney Michael Nester of Donovan Rose Nester in Belleville. They argue that the plaintiff’s cause of action arose in Madison County and the medical care at issue in regards to St. Joseph’s occurred in Madison County.

Kelley granted St. Joseph’s motion to transfer venue on Jan. 25, transferring the action against St. Joseph’s Hospital to Madison County Circuit Court.

Bill and Kimberly Blechinger filed the lawsuit on Nov. 18 against Dr. Alejandro Alvarado, HSHS Medical Group Inc., Dr. Robert Corprew, Midwest Emergency Department Services and St. Joseph’s Hospital, of the Hospital Sisters of the Third Order of St. Francis.

According to the complaint, Bill Blechinger was under the care of Alvarado, who is licensed to practice and employed by HSHS Medical Group, on March 20. The next day, the plaintiff claims he entered the emergency department at St. Joseph’s Hospital, where his care was assumed by Corprew, the suit states.

The plaintiffs allege Corprew negligently and carelessly administered an injection into Bill Blechinger’s lumbar space absent a sterile environment, which allegedly caused an infection.

The plaintiffs seek damages of at least $75,000, plus court costs and attorney’s fees.

Associate Judge Randall Kelley later granted the plaintiffs leave to amend their complaint by substituting Infinity-Meds LLP for Midwest Emergency Department Services Inc. as a defendant.

Alejandro and HSHS Medical Group filed a motion to adopt St. Joseph’s motion to transfer venue on Feb. 1 through attorney Kenneth Burke of Brown & James in Belleville.

The defendants also answered the complaint on Feb. 1, denying liability.

Corprew answered the complaint on Dec. 23 through attorney Ted Dennis of Freeark Harvey & Mendillo in Belleville, denying the allegations against him.

The plaintiffs are represented by Thomas Keefe Jr. of Keefe & Keefe PC in Belleville.

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

St. Clair County foreclosures Feb. 22-March 3

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St. Clair County Foreclosures:




FEBRUARY 22, 2016




US BANK V. JUDITH ROBINSON, $100, 768.27, 133 CAROL LOUISE DR., CASEYVILLE. 16-CH-138

JPMORGAN CHASE BANK V. CATHI J. HEISE, $115,102.13, 807 FOREST GREEN DR., OFALLON. 16-CH-139




FEBRUARY 23, 2016




DITECH FINANCIAL V. KATHLEEN ENSER AND CHARLES CROSSEN, $71,218.92, 113 ORCHARD ST., OFALLON. 16-CH-140




FEBRUARY 24, 2016




BANK OF AMERICA V. CORNITA DRIVER, $86,656.45, 6124 OLD COLLINSVILLE RD., FAIRVIEW HEIGHTS. 16-CH-141

JPMORGAN CHASE BANK V. DAVID HEMBREE, $62,173.44, 703 E. STATE ST., OFALLON. 16-CH-142

CIT BANK V. WILLETTA SHELTON, $12,219.00, 508 N. 30TH ST., E. ST. LOUIS. 16-CH-143

LEGAL TITLE TRUST V. THOMAS A. JR. AND CARLA D. ROBBEN, $73,573.47, 1316 BEL-AIRE DR., BELLEVILLE. 16-CH-144

FIRST BANK V. WILLIAM J. THURSTON, $43,115.21, 14 N. 41ST ST., BELLEVILLE. 16-CH-145

US BANK V. ANGELIA AND THOMAS DECLUE, $93,245.38, 216 S. 16TH ST., BELLEVILLE. 16-CH-146

BANK OF AMERICA V. DAWN AND DENNIS DILLON, $132,000.87, 120 CIRCLE DR., FAIRVIEW HEIGHTS. 16-CH-160




FEBRUARY 25, 2016




NATIONSTAR MORTGAGE V. GARY RAMBO AND KEITH STOKES, $61,392.31, 707 CARL ST., COLLINSVILLE. 16-CH-161




FEBRUARY 26, 2016




REVERSE MORTGAGE V. NANNIE WHITE, $68,437.58, 509 N. 47TH ST., E. ST. LOUIS. 16-CH-149

WELLS FARGO BANK V. MELISSA JO DELISLE, $54,237.87, 1721 N. 15TH ST., SWANSEA. 16-CH-163




FEBRUARY 29, 2016




US BANK V. MICHAEL AND LACEY M. RAULERSON, $90,930.04, 401 S. 5TH ST., CASEYVILLE. 16-CH-151

NATIONSTAR MORTGAGE V. WALLACE A. AND KIMBERLY NEAL, $109,877.54, 715 LEANN DR., LEBANON. 16-CH-152

FEDERAL NATIONAL MORTGAGE V. RONALD J. AND REBECCA L. COMPTON, $106,620.28, 1 PALMETTO DR, BELLEVILLE. 16-CH-153




MARCH 1, 2016




STONEGATE MORTGAGE V. BERNARD E. AND KENDRA L. CHAPMAN, $135,558.15, 1701 LOMBARDI CT., SWANSEA. 16-CH-164




MARCH 2, 2016




BANK OF AMERICA V. CHRISTOPHER T. AND JENNIFER M. WHITE, 98,038.46, 109 JOSEPH DR., FAIRVIEW HEIGHTS. 16-CH-165

WELLS FARGO BANK V. TRACY J. GOODMAN, $388,214.49, 513 WESTFIELD DR., OFALLON. 16-CH-166

SELENE FINANCE V. CORNELIUS AND KIEARA EILAND, $128,799.78, 964 BELLE VALLEY DR., BELLEVILLE. 16-CH-167




MARCH 3, 2016




WELLS FARGO BANK V. CHARLES C. WILLIAMS AND MARY LEE KEYS AND LINDA HOLLOWAY-WILLIAMS, $234,398.07, 3440 LANGFORD LN., BELLEVILLE. 16-CH-168

WILMINGTON TRUST V. KRISTI WESTBROOK AND LEOLA ROBINSON, $118,482.27, 149 RIVERMEADE LN., BELLEVILLE. 16-CH-169

CITIMORTGAGE V. UNKNOWN HEIRS OF SHINA PATRICE BOWERS, $153,520.01, 3312 DENVERSHIRE DR., BELLEVILLE. 16-CH-170


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