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Madison County civil docket March 23-24

March 15, 2016, 11:11 am
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Madison County Civil Docket:




Wednesday, March 23




9 a.m.




BROOKS JENELLE V. MILLER JAMES R

14-L-001544, MATOESIAN 351




GASKILL SUSAN M V. JOSEPHINES HOLDINGS LLC

15-L-001331, MATOESIAN 351




BRADSHAW ABBY V. STATEN PATRICE MD

13-L-002028, MATOESIAN 351




MILLER BRETT E V. SCHAEFER LEONARD W

13-L-001321, MATOESIAN 351




FORD DAVID V. DACUS JACOB

12-L-001343, MATOESIAN 351




BUCK KATHLEEN M V. SHRIMPTON JON W

14-L-001164, MATOESIAN 351




MARKIEWICZ ROBERT R V. SCHIENSCHANG JONATHAN D

14-L-001348, MATOESIAN 351




MACFARLANE MELVIN V. TALL BROTHERS INCORPORATED

14-L-001777, MATOESIAN 351




OFFERMAN JAMIE V. BETHANY KAITLYN

15-L-001093, MATOESIAN 351




GOODBRAKE RAYMOND L V. SMITH GEOFFERY A

14-L-000330, MATOESIAN 351




ROGERS DIANA V. REVERSE MORTGAGE SOLUTIONS INC

13-L-000211, MATOESIAN 351




LAMBERT LYNETTE M V. ST JOHN NEUMANN CATHOLIC SCHOO

14-L-001535, MATOESIAN 351




DENNIS THOMAS V. SUNCOKE ENERGY

13-L-000314, MATOESIAN 351




JETT EVERETT SPEC ADM OF THE E V. COLUMBIA CASUALTY COMPANY

15-L-000170, MATOESIAN 351




PRAIRIE FARMS DAIRY INC V. SANITARY STAINLESS SERVICES IN

12-L-001323, MATOESIAN 351




BROWN ROBERT L V. ASAP CONTRACTING & ROOFING LLC

15-L-000153, MATOESIAN 351




THOMAS MELTON S V. SHRUM NANCY

12-L-000639, MATOESIAN 351




CHILDERS DAVID L V. KRAMER RUSSELL J

14-L-000242, MATOESIAN 351




RAYBURN DANIEL W V. BEQUETTE RICHARD D

12-L-000903, MATOESIAN 351




VARBLE MARK A V. J'S LAWN CARE INC AN ILLINOIS

12-L-000527, MATOESIAN 351




SCOTT YVETTE D V. OLD DOMINION FREIGHT LINE INC

15-L-001017, MATOESIAN 351




SCHNEEDLE BRENDA AS SPEC ADM O V. SA ENC VIP MANOR LLC DBA VIP

13-L-000899, MATOESIAN 351




STEVENS HEATHER AS MOTHER/NEXT V. BETHCOR INC

14-L-001252, MATOESIAN 351




HOLLAND DANA L V. SLATEN KEVIN M

14-L-001200, MATOESIAN 351




MCKEE ANDREW V. CZAR MASON

15-L-000620, MATOESIAN 351




NELSON KELNESHA S V. STATE FARM MUTUAL AUTOMOBILE I

15-L-000083, MATOESIAN 351




WOODYS DRIVE INS INC V. ATLANTIS POOLS INC

15-L-000750, MATOESIAN 351




METCALF JAMES V. METCALF ELIZABETH

14-L-000603, MATOESIAN 351




FRIEDERICH ROBYN V. HARDIN STEPHEN W

12-L-000904, MATOESIAN 351




MONROE TONYA V. CANNON SARA DR

11-L-000403, MATOESIAN 351




MOLLET MEGAN V. SIRKO MADELINE E

13-L-002042, MATOESIAN 351




DEICHMANN KEVIN V. ILLINOIS AMERICAN WATER

14-L-001483, MATOESIAN 351




GRECO JAMES J SPEC ADM OF THE V. ORTHOPEDIC & SPORTS MEDICINE

11-L-000140, MATOESIAN 351




PERKNE JAMES V. JOHNSON & JOHNSON

16-L-000085, MATOESIAN 351




CARTWRIGHT KEVIN V. BGHA INC DBA BIG GAME TREESTAN

11-L-001136, MATOESIAN 351




AHART VICTOR V. COLLINS ANNTANETTE R

15-L-000136, MATOESIAN 351




BALESMALSON FREDA V. BOLD ENTERPRISES INC DBA MCDON

15-L-000257, MATOESIAN 351




CHRESTMAN KELLIE MOTHER/NEXT F V. DUGAN ALEXANDER

15-L-000739, MATOESIAN 351




WILSON HARVEY AN INDIVIDUAL V. ASF KEYSTONE INC DBA AMERICAN

14-L-000877, MATOESIAN 351




LITTLE CHAD ON BEHALF OF OLIVI V. ST JOSEPHS HOSPITAL AN

14-L-001122, MATOESIAN 351




YEAGER CHRISTINA V. SIMPSON MARY

15-L-000962, MATOESIAN 351




BROOKS JENELLE V. MILLER JAMES R

14-L-001544, MATOESIAN 351




MARINKO VICTOR V. STEVENS CAROLYN

14-L-000273, MATOESIAN 351




BONER TERESA V. RILEY CHARLES II

15-L-000776, MATOESIAN 351




MESSMER WILBERG JACQUELINE V. PAULE CAMAZINE & BLUMENTHAL PC

15-L-000253, MATOESIAN 351




PAITZ LAURI S V. COLEMAN AMANDA L

14-L-000500, MATOESIAN 351




ROSS BARBARA J V. LEDBETTER MEGAN C

14-L-001393, MATOESIAN 351




MCDONALD ANGELA V. BOSOLUKE SPENCER S

15-L-000715, MATOESIAN 351




SLAYDEN KATLYN V. PAPPA JOHNS PIZZA

14-L-001768, MATOESIAN 351




DELTA PRIVATE JETS INC V. PREMIER AIR CENTER INC DBA WES

15-L-001069, MATOESIAN 351




GORDON PAMELA V. SCHNUCK MARKET INC

15-L-000161, MATOESIAN 351




VAN WYK JENNIFER V. BOATMAN JR RICHARD R DMD PC DB

09-L-000806, MATOESIAN 351




HUNSCHE GARY V. WILSON MICHAEL SR

15-L-000459, MATOESIAN 351




BUSBY CHRISTY L V. KEENAN KAITLIN S

14-L-001757, MATOESIAN 351




JONES DAUNTE OMAR A MINOR THRO V. UNION PACIFIC RAILROAD

12-L-000337, MUDGE 302




FELT STACY INDIVIDUALLY V. ZENKER STEVEN MD

14-L-000920, MUDGE 302




KELLER KELLI V. 1ST MIDAMERICA CREDIT UNION FK

11-L-000953, MUDGE 302




ZURLIENE ANITA L V. KOTSIKAS DEMETRIOS MD

14-L-001191, MUDGE 302




BURGESS SILAS AS SPEC ADM OF T V. HARMON LAWRENCE T MD

13-L-000072, MUDGE 302




MCOWAN PATRICK M AS SPEC ADM O V. BABB MICHELLE M MD

14-L-000188, MUDGE 302




PERKO LINDA V. LERCH HOMES INC

10-L-000202, MUDGE 302




PRATT DEBORAH V. SUPERVALU INC

14-L-001129, MUDGE 302




CHADWICK MICHAEL V. ROBINSON ADRIENNA

12-L-000390, MUDGE 302




JONES KACI N A MINOR BY/THROUG V. 62 SPORTS GROUP INC

12-L-002016, MUDGE 302




TAYLOR ALLEN L V. MCCORMICK JENNIFER R

15-L-001178, MUDGE 302




HUMMER ANGELA V. BEDELL WILLIAM M ACHIEVEMENT A

14-L-000980, MUDGE 302




MILLER CARLA V. TWEEDY TIMOTHY

14-L-001766, MUDGE 302




HALE STEPHANIE V. MAGRUDER CAROLYN

15-L-000442, MUDGE 302




HITACHI CAPITAL AMERICA CORP A V. WELLS PAUL

15-L-000681, MUDGE 302




DOWNEY TERRY L V. KNEBEL ESTHER B

15-L-001620, MUDGE 302




HAMILTON CYNTHIA V. VARBLE SHAKIRA

14-L-001281, MUDGE 302




PRESTIGE MANAGEMENT LLC V. DNP PLUMBING SERVICES INC DBA

14-L-001350, MUDGE 302




DEBGROOT MATTHEW V. GAYLORD GREGORY DBA METRO SUPP

15-L-001095, MUDGE 302




GATEWAY PUBLIC ADJUSTERS PC V. BRUNAUGH JASON

14-L-001055, MUDGE 302




BUDER DARYL V. GOHEEN PAIGE

15-L-000875, MUDGE 302




FOSTER DANNY V. HILLSBORO AREA HOSPITAL INC

14-L-000530, MUDGE 302




CHILDERSON JANE V. LANGENHORST PHYLLIS

13-L-000677, MUDGE 302




STERLING SHERYL A V. ALLEN ASHLEY

15-L-000230, MUDGE 302




DUNN KEVIN S V. WEISS JOSHUA W

16-L-000021, MUDGE 302




BRANDT JAMIE V. KANE THOMAS

15-L-000105, MUDGE 302




MOORE DENNIS V. FERGUSON MARK

15-L-000802, MUDGE 302




HOLLINGSHEAD CAROL AS IND ADM V. A G EDWARDS & SONS INC

08-L-000858, MUDGE 302




ANDERSON WILLIAM D V. PRAIRIE FARMS DAIRY

15-L-001188, MUDGE 302




WARREN GREG V. CROUSE-COBB DEBORAH ATTORNEY A

15-L-001518, MUDGE 302




GIBSON PAMELA K V. SELTZER DAVID MD

15-L-000076, MUDGE 302




URSCH COREY V. TRI CITY REGIONAL PORT DISTRIC

14-L-000907, MUDGE 302




REYNOLDS JOHN S V. MCAFOOS WENDELL

15-L-001242, MUDGE 302




HOEY LUANNE D V. SOUTHWESTERN ELECTRICAL COMPAN

14-L-000590, MUDGE 302




LEWELLYN PAUL V. MALIK MANSOOR

15-L-000642, MUDGE 302




CREEKMORE CHARLES V. THOR INDUSTRIES INC DBA THOR M

15-L-001046, MUDGE 302




WARE PAULA V. TAYLOR WILLIE C

12-L-001449, MUDGE 302




BROWN PATRICIA V. GIACOMINI ALISON

15-L-000718, MUDGE 302




WILLIAMS VIRGIL V. PRUETT DEBORAH

15-L-000929, MUDGE 302




CRESON FORREST S V. VANECEK MARY L

15-L-001656, MUDGE 302




CLAY DIANE V. LEADY WILLIAM D

11-L-001439, MUDGE 302




LITTLEFIELD JOHN V. KRONE CECILIA

08-L-000780, MUDGE 302




BURNS TRACEY V. BP PRODUCTS NORTH AMERICA INC

12-L-000226, MUDGE 302




TEDFORD GARY V. ACE VENTURES COLLINSVILLE LLC

15-L-001131, MUDGE 302




SHEIKH ZAKI V. SUNSET HILLS COUNTRY CLUB

15-L-001120, MUDGE 302




LAKIN JAMES V. CASEYS RETAIL COMPANY DBA CASE

14-L-000655, MUDGE 302




ELM SHEET METAL HEATING & AIR V. SAND CONSTRUCTION LLC

15-L-001023, MUDGE 302




RUNGE MARLA C V. BONFIGLIO NICHOLAS J

14-L-001730, MUDGE 302




LOEHR DIANA V. GOSKIE DEBRA E

15-L-000539, MUDGE 302




FOCHT AMANDA J V. BOX DAVID L

15-L-000902, MUDGE 302




KINSEY JUNE V. GLEN CARBON SENIOR COMMUNITY C

15-L-001050, MUDGE 302




BAILEY JEROME V. BETZ ARTHUR

16-L-000005, MUDGE 302




MEYER BEVERLEY S V. MCVICKAR ABIGAIL S

14-L-000900, MUDGE 302




STERR GARY PATRICK IND AND ON V. TRAME JESSICA IN HER OFFICIAL

15-L-001337, RUTH 311




HARTLINE KAREN V. WALMART STORES INC

15-L-001028, RUTH 311




HUBERT KELSEY L V. HUNZIKER BRADLEY

15-L-000314, RUTH 311




RAZER ABBY B V. JULIAN TAMMY

15-L-001092, RUTH 311




ALEXANDER BETTY J V. BUTLER JAYME L

15-L-000380, RUTH 311




PAITZ LAURI S V. WENDT DARREN

15-L-001076, RUTH 311




URSPRUNG KENDRA V. MIDWEST PETROLEUM COMPANY

15-L-000419, RUTH 311




WEST TIM AS SPEC ADM OF THE ES V. KOUCHOUKOS NICHOLAS T MD

14-L-000710, RUTH 311




KUTZ DAVID C V. LANE JEFFREY E

14-L-000289, RUTH 311




BUFFO ANTONIO V. UNITED STATES STEEL CORPORATIO

14-L-001176, RUTH 311




COMBS MICHAEL SR V. GENERAL ELECTRIC COMPANY

14-L-001396, RUTH 311




TERRY SANDRA V. TMCI INC AN ILLINOIS CORP

13-L-001563, RUTH 311




GREENE JARRETT D V. GODWIN THERESA A

15-L-000160, RUTH 311




GERNIGIN SKYLNN A A MINOR BY/T V. RILEY SHAWN M

15-L-000109, RUTH 311




HILMES BLAINE V. SOUTHWESTERN ELECTRIC COOPERAT

12-L-000240, RUTH 311




WILSON DAVID V. WWCS INC

12-L-000891, RUTH 311




CLARK JOHN S V. LOWES COMPANIES INC

13-L-000208, RUTH 311




TARRENCE VICKY V. U D I #2 LLC DBA MARYVILLE MAN

12-L-001554, RUTH 311




AINSWORTH JOSHUA V. LAWNCOMER INC DBA LAWNCOMER

12-L-001788, RUTH 311




YOUNG JACKIE A V. FERRARI NORMA J

15-L-000508, RUTH 311




LOOPER WESTON AKA KRISTI LOOPE V. KUETHE AARON R

15-L-000877, RUTH 311




BOOTH TAMECO D V. LUCAS MARK V

15-L-000363, RUTH 311




MERCER ANDREA B V. CHIVAS INC DBA CARISILOS MEXIC

13-L-001483, RUTH 311




CAMERER JAMEY V. COBB ADAM

15-L-001117, RUTH 311




REITZ CAROLYN AS SPEC ADMIN OF V. EDWARDS KENNY

14-L-000595, RUTH 311




MABERRY GERALD V. SHELL OIL COMPANY

15-L-001193, RUTH 311




BYRON NICHOLAS G V. BRICKMAN LESTER

15-L-001133, RUTH 311




TURNER DOUGLAS INDIVIDUALLY V. TOMERLIN JAY SPEC ADM OF THE E

15-L-001180, RUTH 311




FLANAGAN AARON J V. GARRETT JACK D

14-L-001320, RUTH 311




DOWDY MARC V. TASSALLO STEPHEN

15-L-001243, RUTH 311




MUELLER WALTER V. LUTHERAN SENIOR SERVICES DBA M

14-L-001580, RUTH 311




MYATT HEATHER V. STANFORD STACY

14-L-000899, RUTH 311




RYAN CONSTRUCTION & ROOFING LL V. UNDERWOOD SCOTT

15-L-000988, RUTH 311




PAGANO MICHAEL C V. ST LOUIS REGIONAL AIRPORT AUTH

13-L-000737, RUTH 311




PANZIER PATRICIA V. SA-ENC VIP MANOR LLC DBA VIP M

14-L-000602, RUTH 311




MCVEY DEBORAH J V. CHATHAM DONALD

13-L-001398, RUTH 311




CARTER JAAVANTE V. PIASA ENTERPRISES INC

15-L-000965, RUTH 311




CARTER DONNA V. PIASA ENTERPRISES INC

15-L-000967, RUTH 311




LOFTIS TOMMY A V. WHITEHILL WILLIAM L

13-L-001336, RUTH 311




CONNOYER VIOLET V. CITY OF ALTON ILLINOIS

15-L-000399, RUTH 311




WILLIAMS DAJUAN V. BATTLES ASHLEY

15-L-000949, RUTH 311




1:30 p.m.




RAY DAVID J V. STATE FARM FIRE AND CASUALTY C

13-L-001945, RUTH 311







Thursday, March 24




1 p.m.




GRAVES PRESTER L V. RODRIGUEZ ANNA L

15-L-001437, MUDGE 302




CECCHINI JOSEPH V. AMEREN ILLINOIS COMPANY

14-L-000021, MUDGE 302




FONES KEVIN V. CONOCOPHILLIPS COMPANY

11-L-000152, MUDGE 302




HAWKES FARRAH L V. CHANDLER MICHELLE B

14-L-001030, MUDGE 302




CIECHANOWSKI JOSEPH V. BARNETT OUTDOORS LLC

13-L-001817, MUDGE 302




BUTLER LAWRENCE V. SCHNUCK MARKETS INC

15-L-001551, MUDGE 302




ELLIOTT ADAM C V. CRUZ CHRISTOPHER T MD

10-L-001235, MUDGE 302




MANUFACTURERS AND TRADERS TRUS V. GREENVILLE GASTROENTEROLOGY

15-L-000326, MUDGE 302




KELTNER PEGGY V. SUNCOKE ENERGY INC

14-L-001540, MUDGE 302




BATES EARNEST V. FORBES ROBERT S

15-L-000524, MUDGE 302




VILLARREAL RUBEN` R V. GLEN WEST ENTERPRISES INC DBA

14-L-000898, MUDGE 302




IRWIN BRIAN A DISABLED PERSON V. NORFOLK SOUTHERN RAILWAY CO

15-L-001531, MUDGE 302




SHEIKH ZAKI V. SUNSET HILLS COUNTRY CLUB

15-L-001120, MUDGE 302




LAKIN JAMES V. CASEYS RETAIL COMPANY DBA CASE

14-L-000655, MUDGE 302




AVANT MARK A V. KANE MECHANICAL INC

15-L-000416, MUDGE 302




WEIS BARBARA J V. BARKER BYRON E AS FATHER/NEXT

13-L-001327, MUDGE 302




BAILEY JEROME V. BETZ ARTHUR

16-L-000005, MUDGE 302


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Asbestos motion docket March 21-23

March 15, 2016, 11:16 am
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Madison County Asbestos Motion Docket:




Monday, March 21




9 a.m.




KEMP JOHN INDIVIDUALLY V. A W CHESTERTON COMPANY

13-L-000254, ASBESTOS J 327







Wednesday, March 23




9 a.m.




KELLEY ROBERT L SR V. ALFA LAVAL IN IND AND AS SUC/

13-L-000148, ASBESTOS J 327




MACK ROBERT L SR V. A W CHESTERTON INC

13-L-001219, ASBESTOS J 327




SARAKUN WILLIAM V. AO SMITH CORPORATION

15-L-001427, ASBESTOS J 327




WESTON JAMES V. AERCO INTERNATIONAL INC

14-L-001568, ASBESTOS J 327




SABO NORMAN V. ASBESTOS CORPORATION LIMITED

14-L-001210, ASBESTOS J 327




SCOTT MATTIE L V. WEIL MCLAIN COMPANY

15-L-000660, ASBESTOS J 327




BRADFORD BOBBIE E INDIVIDUALLY V. AAF MCQUAY INC DBA MCQUAY INTE

13-L-000823, ASBESTOS J 327




WEGNER VERNON V. ALCATEL-LUCENT USA INC FKA LUC

14-L-001307, ASBESTOS J 327




GAROFALO MARY V. AMERON INTERNATIONAL CORP SUCC

14-L-001465, ASBESTOS J 327




EISEN CYNTHIA V. ARKEMA INC SUCC TO PENNWALT SU

15-L-000137, ASBESTOS J 327


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New Alton law firm opened this week

March 15, 2016, 11:55 am
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Attorneys Amy Sholar and Kelly Stephan formed a new law firm in Alton.

The Law Offices of Amy Sholar & Kelly Stephen will handle cases involving divorce, child related issues, criminal and traffic matters, probate issues and other general litigation.

The new firm opened on March 14.

Stephan comes from Columbia, Ill. She earned her undergraduate degree from SIUE and law degree from St. Louis University. She previously practiced law in St. Clair, Madison and Monroe Counties for more than five years.

Sholar is an Alton native and daughter of the late Eddie “Fast Eddie” Sholar. She also earned her undergraduate degree from SIUE and law degree from St. Louis University.

The new office is located at 524 Washington Avenue in Alton, which is across the street from The Law Enforcement Center and next to Fast Eddie’s Bon-Air. Sholar said she chose the location because she sees it as part of her family history.

“I grew up working for my father at Bon-Air, so I am really just getting back to my roots,” Sholar stated.
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Barry Noeltner named partner at Heyl Royster

March 15, 2016, 12:06 pm
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Attorney Barry Noeltner was named a partner with Heyl Royster’s Edwardsville Office.

Noeltner focuses his practice on the defense of personal injury, construction, nursing home claims and professional liability litigation.

He was one of the original lawyers in the firm’s Edwardsville office in 1985 and returned to the Edwardsville office again in 2012.

Noeltner has taken a number of cases to verdict in both state and federal courts and has handled appellate matters in both state and federal appellate courts, including the United States Supreme Court.

He is licensed to practice in Illinois and Georgia.

He has also arbitrated construction cases with the American Arbitration Association and is a trained mediator. Noeltner has been ranked an AV Preeminent lawyer by Martindale-Hubbell since 1995.

Noeltner earned his J.D. from the Southern Illinois University School of Law.
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Customer alleges injuries following trip over pallet at Swansea Aldi store

March 15, 2016, 12:49 pm
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BELLEVILLE – A customer is suing the Swansea Aldi store after she allegedly tripped and fell over a pallet that had been left out.

Mary Kay Mulvaney filed the suit Feb. 16 in St. Clair County Circuit Court against Aldi Inc.

According to the complaint, on May 26, 2014, Mulvaney was shopping inside the defendant's store in Swansea. As she rounded an endcap inside the store, she claims she tripped over a pallet that had been left in the aisle.

Mulvaney alleges the pallet had been left out for a sufficient period of time to allow employees of the defendant to remove it. She claims the defendant was negligent by failing to remove the hazard and failing to warn customers of the pallet's location.

As a result of the fall, the plaintiff alleges she injured several parts of her body, including her shoulder, neck and knee. She also became sore and has remained so ever since the incident, she continues to suffer pain and anguish, has had to pay for medical care and pharmaceuticals to treat her injuries, and has been limited from earning money and participating in many of her usual daily activities.

The plaintiff seeks judgment against the defendant for personal injuries in excess of $50,000 plus court costs. She is represented by Richard G. Reed and Earl W. Hubbs of Reed and Bruhn PC in Belleville.

St. Clair County Circuit Court case number 16-L-96
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Pedestrian sues after slipping on Belleville sidewalk

March 15, 2016, 1:00 pm
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BELLEVILLE – A pedestrian on Foley Drive in Belleville is suing over injuries he allegedly sustained after slipping and falling.

Marshall Day filed the suit Feb. 12 in St. Clair County Circuit Court against Gleeson Asphalt Inc.

According to the complaint, Day, a resident of East. St. Louis, was walking on the sidewalk/bike trail on Foley Drive on March 22, 2014. The defendant maintains the trail, including the sidewalks, entrances and exits along the trail. However, Day alleges the defendant negligently cared for trail, causing certain areas to become a slip hazard.

The plaintiff also alleges the defendant negligently failed to provide slip guards or slip-resistant surfaces on the trail, failed to inspect the premises and carelessly operated the premises.

As a result of his fall, he claims he suffered internal and external injuries to his body and hindrance to attend to his usual duties and affairs. He also expects to continue to pay large sums of money for medical care.

The plaintiff seeks judgment against the defendant for a sum in excess of $50,000 plus court costs. He is represented by Charles H. Stegmeyer of Stegmeyer & Stegmeyer Ltd. in Belleville.

St. Clair County Circuit Court case number 16-L-98
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Self-service trumps public service

March 15, 2016, 1:16 pm
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The phenomenal support for presidential candidate Donald Trump may be a mystery to pols and pundits, but not to ordinary people who share the widespread disgust for our increasingly unrepresentative government. This disgust is what Trump has tapped into, and the possible illogic, impracticality, or inconsistency of his positions on particular issues seems not to matter.

For too long we've suffered from public servants who only serve themselves, servants acting like masters. Is it any wonder that so many Americans feel that the deck is stacked against them, that we have no real say in the future of our country, that there's one (harsh) rule for us and another (soft and easy) rule for the privileged few who are living at our expense?

The self-serving and the sense of entitlement are common among state and local officials, not just national ones, and are exemplified by John Baricevic, Robert LeChien, and Robert Haida, the three political-insider judges from St. Clair County who are seeking to avoid the higher retention standard state law sets for incumbents (60 percent) by resigning their judgeships and pretending to be first-time candidates electable by a simple majority.

Three men empowered to apply the law to all the rest of us think that they can ignore it for themselves when it's inconvenient.

Baricevic's constitutionally challenged election campaign got a significant boost from the local, Democrat-dominated members of the Illinois Bar Association, which awarded the joker-jurist a high, recommended rating, while trashing his Republican opponent. Haida also received an extraordinarily high rating.

Though a circuit judge for the last six years, Haida began receiving Illinois Municipal Retirement Fund (IMRF) pension benefits in 2012, has so far accumulated $520,442 in IMRF payments, and will pile up more than $4 million by age 85. As a circuit judge he makes $178,835 and will eventually be eligible for benefits from another state pension system, the Judicial Retirement System (JRS).

That's what passes for public service these days, and that's why people are angry.
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Man alleging toxic exposure asks the court to compel discovery against Global Brass and Copper Holdings

March 15, 2016, 1:19 pm
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A man claiming he was exposed to toxic substances through Global Brass and Copper Holdings, Inc., in East Alton is asking the court to compel discovery in order to build his case or to at least find out who the proper defendant is.

According to plaintiff Steven Allen Turner’s Oct. 16 complaint, he claims he was unknowingly exposed to toxic substances while working at the defendant’s East Alton facilities.

On Feb. 23, Turner filed a motion to compel through Thomas Maag of the Maag Law Firm in Wood River, where he requested an order overruling the defendant’s discovery objections and compelling the defendant to fully and completely respond to his discovery.

He argues that the “defendant objected to most of the discovery, not on the basis that it did not know, or the information was not available to it, but based on its contention that the responsive information was in the possession of its predecessors, subsidiaries and/or affiliates. Such basic information was, for instance, which subsidiary plaintiff actually worked for.”

Turner further alleges the information sought is “essential” in his case either against the defendant or in identifying the proper party.

Then on March 8, Turner filed a motion for issuance of order, asking the court for an order allowing him to issue discovery to the defendants.

Turner also filed discovery petitions against Bryan Metals, Inc., GBS Metals, Inc., and several other companies.

Global Brass filed a combined motion to dismiss the complaint on Dec. 18 through attorneys Daniel Nester, Christopher Blaesing and Alan Schilling Jr. of Bryan Cave in St. Loius. The defendant argues that Turner “makes no attempt to identify what substances he was purportedly exposed to, nor does he allege where, how, why or even when he was exposed to such substances.”

“As a result of such omissions, GBC Holdings is entirely unaware of what claim(s) are being brought against it.

“Furthermore, Plaintiff has failed to plead any facts illuminating GBC Holdings’ relationship with Plaintiff, or its connection to the alleged exposure. In fact, Plaintiff cannot do so, because, GBC Holdings, the only named defendant in this case, has never employed Plaintiff, nor has it even been an employer, owner, or operator of any facility in East Alton, Illinois,” the motion states.

A motion hearing on the defendant’s motion to dismiss is scheduled for April 29 at 9 a.m.

Global Brass and Copper Holdings filed a motion for a substitution of judge on Feb. 4. The case had been assigned to Circuit Judge Matoesian.

The defendant’s motion was granted on Feb. 5, and the case was assigned to Circuit Judge Barbara Crowder on Feb. 8.

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

Madison County Circuit Court case number 15-L-1347
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Madison County jurors find for Contegra in fraud case; Plaintiff awarded $50,000 in suit over construction of Fairview Heights forensics lab

March 15, 2016, 2:15 pm
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Madison County jurors found for plaintiff Contegra Construction Company LLC in a fraud case concerning the construction of the Metro East Forensics Laboratory on March 10 after an eight-day trial in Circuit Judge Barbara Crowder’s court.

After deliberating for over three hours, the jury reached its verdict against defendant Robert Sutphen at 4:40 p.m. and awarded Contegra $50,000 in compensatory damages and no punitive damages.

The trial began on Feb. 29.

Contegra was represented in the case by Nicholas Garzia and Christopher Baucom of Armstrong Teasdale in St. Louis and Alan Napp of Schrempf, Kelly, Napp & Darr in Alton.

Sutphen was represented by Edward Moor of the Moor Law Office in Chicago.

The two-count complaint alleges separate claims of fraudulent misrepresentation for false applications for payment and an altered stored material log.

Contegra Construction Company LLC filed the lawsuit against Sutphen on Jan. 17, 2013.

The plaintiff claims Sutphen misrepresented the amount of work his company was performing on steel fabrication for the project, which caused Contegra to overpay.

Contegra also claims Sutphen altered the stored material log, which prevented the plaintiff from retrieving all of the steel it paid for after Sutphen’s employer, Advance Iron Works, or AIW, filed for bankruptcy.

Sutphen denies the allegations.

In its complaint, Contegra explains that it was the general contractor on the Metro East Forensics Lap public works project for the State of Illinois by the Capital Development Board, or CDB, which is a three-story steel-framed structure. The facility is intended to house a crime laboratory for the Illinois State Police.

Contegra and AIW entered into a contract requiring AIW to fabricate and deliver structured steel. Contegra says the contract was executed by Sutphen, as vice president of AIW, who was the sole representative of AIW during negotiations with the plaintiff.

According to the contract, Contegra was to pay $1,283,490, which was later increased to $1,369,735.
Contegra agreed to pre-pay AIW for raw steel. And AIW was required to complete a stored material log, present the materials for inspection and certification by the architect, request the architect to also execute a stored material log and acknowledge transfer of title of the materials referenced in the log to the State of Illinois.

Sutphen allegedly executed a stored material log for the pay period of Jan. 21, 2012, through Feb. 23, 2012, but omitted the Transfer of Title Provision.

Contegra claims it unknowingly submitted the altered stored material log to the CDB.

As of late October 2012, AIW had fabricated only 257 tons of structured steel, which has a value of $536,490.
But Contegra paid $793,500, overpaying AIW by $257,009.

As a result, Contegra rejected AIW’s applications for further payment until AIW fabricated and made sufficient steel ready for delivery with the percentage AIW had already been paid.

Contegra alleges Sutphen refused to allow the plaintiff to review the fabrication shop drawings to verify the total steel tonnage used by the defendant to calculate payment applications.

“In the application for progress payments, defendant manipulated the percentage of the structural steel value for which it was entitled to payment by both inflating the amount of fabricated steel and grossly underestimating the total structural steel tonnages for the project.

“Simultaneously, defendant overstated the tonnage of fabricated structural steel in payment applications by including stairs, metal decking and other miscellaneous non-structural steel,” the suit states.

Contegra alleges Sutphen refused to adjust his calculation of payment applications to reflect a proper total structural steel tonnage for the project and refused to deliver critical steel pieces for the job.

Further, AIW allegedly refused to deliver fabricated steel required for the project until Contegra agreed to pay AIW’s applications for payment in full, including the amounts in dispute.

As a result of the dispute, the project’s construction was halted in November 2012.

Then on Nov. 20, 2012, AIW filed a voluntary petition under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the Northern District of Illinois.

At the time, AIW had approximately 95 tons of unfabricated steel at its facility. But because the Transfer of Title Provision was not included in the altered stored material log, the remaining steel cannot be transferred to the CDB and may not be integrated into the project.

Madison County Circuit Court case number 13-L-82

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Shimkus wins Republican nomination in 15th Congressional District

March 15, 2016, 8:27 pm
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Congressman John Shimkus of Collinsville has fended off a challenge from rival State Sen. Kyle McCarter of Lebanon to win the Republican nomination in the 15th Congressional District.

No Democrat candidates sought their party's nomination, meaning Shimkus will likely be unopposed in the November general election and coast to an 11th term in office.

Shimkus's spokesperson said the congressman would not be making media calls tonight, but issued a statement.

"Thank you to the people of the 15th Congressional District for their support and for allowing me the opportunity to continue to serve them in Washington. I'd also like to thank my opponent for a hard fought campaign.

"To all of our hardworking volunteers and supporters, I cannot thank you enough for the thousands of calls you made and doors you knocked. Your hard work and dedication to spreading our conservative message throughout Central and Southern Illinois was essential to our victory.

"I'm honored and humbled to be able to continue to serve the hardworking families of Central and Southern Illinois."

Vote totals in Shimkus's home turf - Madison County - mirror preliminary results from the district at large, which includes all or part of 33 southern Illinois counties at 56 to 44 percent.

All but one precinct was reporting in Madison County at 10 p.m. Shimkus had 5,209 votes to McCarter's 4,033.

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March Madness comes early to Illinois

March 16, 2016, 6:18 am
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Sports fans everywhere love March Madness, which is appropriately named. Anyone who has ever filled out a tournament bracket knows anything can happen in the NCAA College Basketball Tournament.

The madness of March unfortunately is not just limited to basketball. Here in Illinois, madness seems to be a way of life.

Where else but Illinois would the state operate for nearly a year with no budget?

Illinois has become a national punch line and people are leaving Illinois in droves. According to a report last January from United Van Lines, the Land of Lincoln is third on the list of states people are leaving. Only New York and New Jersey rank higher on this list.

Governor Bruce Rauner wants to change course and make Illinois a destination for jobs and opportunities. One of his priorities is lawsuit reform because without common sense lawsuit reform that will restore fairness and common sense to our courts, we are going to continue to see an exodus of jobs and opportunities from the Land of Lincoln to neighboring states with a more friendly business climate.

In fact, the unemployment rate in January was 6.3 percent, which was much higher than the national average of 4.9 percent. Only Mississippi, Alaska, New Mexico and Washington D.C. were higher than Illinois.

The inaction on lawsuit reform is costing us jobs and opportunities. According to the recently released 2015 Lawsuit Climate Survey, conducted by Harris Poll, Illinois ranks near the bottom of the nation in terms of its lawsuit environment – 48th worst of the 50 states.

More than 75 percent of the business leaders surveyed by Harris Poll for this report say lawsuit climate is a “significant factor” in determining where to expand and grow. The reality is companies look to move to states where the legal climate is fair, which is why Illinois’ status as the third-worst state in the country for legal fairness is making it extremely difficult to attract new employers and why Illinois has one of the highest unemployment rates in the country.

The solution is lawsuit reform. Governor Bruce Rauner has proposed common sense lawsuit reform legislation that includes a proposal that will stop personal injury lawyers from shopping around for the friendliest court jurisdiction, even if the lawsuit has nothing to do with that jurisdiction. This practice, often called ‘venue shopping,’ is all too common in Illinois.

It is just common sense to require lawsuits filed in Illinois to have an actual connection to Illinois, and yet in one Illinois county, more than 90 percent of the asbestos lawsuits filed there are for plaintiffs who do not live in that county. We need to create jobs in Illinois, not more lawsuits. Governor Rauner’s reasonable, common sense lawsuit reforms will create jobs and unclog our courts, which will speed the legal process for those with legitimate claims.

The evidence is clear. Illinois lawmakers need to embrace the reforms Governor Rauner has proposed. As the governor said to legislators in his State of the State address, “I understand that trial lawyers are putting pressure on you to keep the status quo, but if we don’t offer a competitive environment for businesses, pretty soon the trial lawyers won’t have any more businesses to sue.”

Illinoisans should contact their legislators and ask them if they will stand with the personal injury lawyers, who are the only ones who profit from this unfair system, or the small businesses and individual citizens who are far too frequently targets of unfair frivolous lawsuits and are made to pay for personal injury lawyer greed.

It is time to end the Madness now.
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Voter turnout in St. Clair County nearly double from '12; Increases benefit both sides in local judicial races

March 16, 2016, 8:09 am
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Voter turnout in St. Clair County yesterday was almost double what it was in the 2012 presidential primary, up from 19 to 37 percent.

And while the increase benefited judicial candidates on both sides of the spectrum, one Republican candidate had an advantage this year.

In seeking nomination to an open circuit wide seat, Chief Judge John Baricevic, Democrat, received 54 percent more votes this year than his counterpart Judge Vincent Lopinot did in the 2012 primary.

But Belleville attorney Ron Duebbert, Republican, who seeks the same seat as Baricevic, received 61 percent more votes yesterday than he did in the 2012 primary when he won his primary but lost the general.

In an election season that has been marked by controversy, voters in the Twentieth Judicial Circuit - which includes St. Clair, Monroe, Randolph, Perry and Washington counties - will ultimately decide who wins the seat in November.

The candidacies of Baricevic and Circuit Judges Robert LeChien and Robert Haida remain under court challenge as the three opted to resign their seats effective at the end of their current terms in December to run for election to the vacancies they created, rather than run for retention.

Voters decide retention on a non-partisan ballot in the November general election which requires 60 percent voter approval to earn a successive term. By comparison, election to the six-year term of circuit judge first requires simple majority nomination in the primary election, and then on to a simple majority win in the general election.

A circuit court in Sangamon County last month sided with Baricevic, LeChien and Haida after hearing arguments contesting their nominations on constitutional grounds. However an appeal to the Fourth District Appellate Court remains pending. The case could ultimately be decided by the Illinois Supreme Court, which could invalidate results of Tuesday's election in which the three Democratic judges earned their party's nomination.

If not, local voters will decide one uncontested and two contested judicial races.

In 2012, Duebbert lost a general election to Lopinot by a margin of 55.6 percent to 44.4 percent. In that year's primary, Lopinot topped the vote totals of Duebbert by a margin of 56.7 percent to 43.3 percent in St. Clair County.

Results from yesterday's voting in St. Clair County show that Baricevic topped Duebbert's totals in a similar margin of 56.4 percent to 43.6 percent.

But, when adding totals from all five counties in the circuit, Duebbert edged Baricevic 50.4 percent to 49.6 percent.

In another judicial contest in which only St. Clair County voters decide, resident judge LeChien's totals show he had a 13 point advantage over Republican Laninya Cason, 56.5 percent to 43.5 percent. LeChien earned 23,156 votes to Cason's 17,836.

Yet, Cason picked up more than 6,000 votes and close to 60 percent more primary votes Tuesday than she did when she ran unsuccessfully for a resident circuit seat in 2012. Cason won the Republican nomination that year, but lost the general election to Zina Cruse.

Haida, who will face no Republican opposition if he is on the ballot in November, received 9,445 more votes than his counterpart circuit-wide Judge Andrew Gleeson did in the 2012 primary election, or 62 percent. Haida seeks election to a five-county circuit wide seat.

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Circuit judge candidate seeking election rather than retention reassigned last year after 38 substitutions in 102 days

March 16, 2016, 9:26 am
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Robert P. LeChien, running for six more years as a St. Clair County circuit judge, hasn’t carried a circuit judge’s workload for a year.

A review of court records show that Chief Judge John Baricevic stopped assigning civil law actions to LeChien last March, after litigants moved for substitute judges 38 times in 102 days.

Illinois law gives any party the right to move for substitution once, without cause, if a judge has not made a substantive ruling.

Few litigants exercise the right, and not a single one moved to substitute Circuit Judge Vincent Lopinot from a civil law case while dozens sought to substitute LeChien. Two litigants substituted Circuit Judge Andrew Gleeson in the same review period, 

Baricevic assigned LeChien to chancery court, where mortgage foreclosures dominate the docket, but court records show that move backfired.

LeChien has disqualified himself from at least 200 chancery cases in the last year, due to the heavy involvement of his family’s law firm in foreclosures.

The Illinois Supreme Court requires a judge’s disqualification if a person within the third degree of relationship acts as a lawyer in a proceeding.

Baricevic routinely issues reassignment orders on a standard form stating that, “one of the parties is represented by the LeChien Law Firm.”

Baricevic issued 10 such orders on Feb. 11, and 16 more on Feb. 18.

Baricevic and LeChien won nomination without opposition as Democrat candidates for circuit judge in the March 15 primary.

Their status for the November general election remains in doubt, pending review at the Fourth District appellate court in Springfield and the Illinois Supreme Court.

Baricevic, LeChien, and circuit judge Robert Haida could have stood for retention in the general election, but they resigned so they could run for election.

Belleville city clerk Dallas Cook filed an objection with the state election board, claiming the judges must stand for retention if they wish to keep their jobs.

The judges prevailed at the election board and in Sangamon County circuit court.

St. Clair County court records show LeChien lost jurisdiction over civil law cases after a steady stream of substitutions turned into a flood.

In 2014, litigants filed five substitution motions in August, seven in September, seven in October, and two in November.

The flood began with three motions from Dec. 8 to Dec. 15, three on Dec. 16, one on Dec. 18, two on Dec. 19, two on Dec. 23, two on Dec. 26, and one on Dec. 31.

Litigants filed six motions in January 2015, and nine in February.

Two litigants filed motions on March 5, two on March 9, one on March 13, two on March 16, one on March 17, and one on March 18.

Litigants who moved for substitution included Union Pacific, State Farm, East St. Louis, Fairview Heights, Lebanon, Cahokia, and Bi-State Development Agency.

Records show that on March 25, Baricevic pulled LeChien from the regular rotation of civil law cases among LeChien, Lopinot and Gleeson.

Baricevic gave LeChien’s spot in the rotation to associate judge Randall Kelley.

Baricevic assigned chancery cases to LeChien on March 26, but had to reassign two to associate judge Heinz Rudolf due to the LeChien firm’s involvement.

Baricevic reassigned 27 of LeChien’s chancery cases from April to June, 53 from July to September, and 63 from October to December.

This year, through March 8, Baricevic reassigned 56 of LeChien’s chancery cases.

Meanwhile, litigants in nine chancery cases more complex than home mortgage foreclosures have exercised their right of substitution against LeChien.

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Republican candidates earn 10-point margin over Democratic rivals in Fifth District Appellate Court primaries

March 16, 2016, 10:11 am
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Republican candidates seeking vacant seats at the Fifth District Appellate Court dominated at the polls on Tuesday, beating the Democratic candidate totals by double digit margins.

While each of the four candidates ran unopposed in the 37 counties of the District, voters showed strong favor for Republicans.

Seeking the vacancy created by the retirement last year of Justice James Wexstten, Justice James “Randy” Moore, Republican, came out on top by a 55-45 margin after receiving more than 101,680 votes, while Democrat Jo Beth Weber received more than 82,859 votes.

Seeking Justice Bruce Stewart’s seat, Republican John Barberis also topped his rival by a 55-45 margin after receiving about 92,649 votes to Democrat Brad Bleyers' 75,928 votes.

Results from Massac County remained unknown at press time, as phone calls to the clerk's office have not gotten through.

Justice S. Gene Schwarm was appointed to fill the remainder of Wexstten's term, but Schwarm plans to retire at the end of his circuit court term, which expires in December.

In spite of the overall district results, voters in the Metro East showed strong favor for the Democratic candidates.

In Madison County, Jefferson County Circuit Judge Weber (D) received 26,525 votes and appointed Justice Moore (R) received 25,187 votes for the Wexstten seat.

And Williamson County Circuit Judge Bleyer received 26,136 Madison County votes and Madison County Circuit Judge Barberis received 25,271 votes for the Stewart seat.

In St. Clair County, Weber received 20,892 votes to Moore's 18,310. And, Bleyer received 20,367 votes to Barberis's 18,133.

When compared to the 2012 primary, Stephen McGlynn, who ran on the Republican ticket, led the polls by a margin of 21 points, receiving 79,925 votes. His opponent, Judy Cates, who ran on the Democratic ticket, received 52,050 votes. However, Cates went on to win the general election in November 2012.

The candidates

Moore was appointed to the Fifth District Appellate Court in December 2014 by the Illinois Supreme Court after Justice Stephen Spomer retired.

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

Before serving as a judge, he was a solo practitioner in Carterville in Williamson County and served as a city attorney for Carbondale.

He graduated from Southern Illinois University.

Barberis was elected circuit judge in Madison County in November 2014 after defeating Associate Judge Clarence Harrison for the seat vacated by Ann Callis.

Prior to becoming a circuit judge, Barberis served as a part-time state’s attorney for nearly 15 years and was in private practice for 18 years.

Bleyer has served as a circuit judge in Williamson County since 2004 and presides primarily over the civil division.

He joined the bench after a 20-year career as a trial attorney. Prior to his career as an attorney, Bleyer was a teacher and coached youth sports.

He is a native of Williamson County and graduated from Southern Illinois University.

Weber has served as a resident circuit judge in Jefferson County since 2012 and founded the Jefferson County drug and youth courts. She presides over a variety of cases.

Weber also provides oversight of the courthouse and has previously led efforts to modernize the courtrooms.

Prior to becoming a judge, Weber served as a Deputy in the Illinois State Appellate Defender’s office, Associate General Counsel at Southern Illinois University, law clerk to four Fifth District appellate justices, attorney for the Illinois State’s Attorney’s Appellate Prosecutor and as an associate in a general practice law firm.

She is a native of Mount Vernon and graduated from University of Illinois.

ISBA rankings

A panel of eight evaluators with the Illinois State Bar Association’s (ISBA) Judicial Evaluations Committee ranked all but one of the appellate court candidates as “highly qualified.”

Barberis was the only candidate to receive a “not qualified” rating.

According to the ISBA, the comprehensive review “involves a detailed background investigation by members of the ISBA Judicial Evaluations Committee, followed by an in-person interview of the candidate. The Committee then decides whether to rate the candidate Qualified, High Qualified or Not Qualified for the judicial office being sought. Ratings based on evaluations are the opinion of the Illinois State Bar Association.”

Barberis previously told the Record that he was “very disappointed” in the results, but was not surprised by them.

He said the hour-long interview in February with the eight-member panel seemed to go well, and he was given positive feedback on what the ISBA learned about him during 40 hours of investigation conducted beforehand.

However, he said one of the panel members who interviewed him was an appointed official from Madison County whom Barberis did not support for re-appointment.

“The only question he (the official) asked was whether I was going to get financed by Bruce Rauner,” Barberis said. “How that has any bearing on my ability to be an appellate judge … It was very, very inappropriate to ask that.”

He said he answered the question about Rauner financing his campaign by saying, “You need to ask Bruce Rauner.”

Campaign finances

Barberis had not yet created a finance committee for his appellate court campaign as of Feb. 29, but he previously told the Record that he has not ruled out accepting campaign contributions.

During his 2014 campaign for circuit judge, he spent less than $5,000 of his own money.

As for Weber, she reported a total of $42,571.54 in contributions between Oct. 1 and Dec. 31.

According to financial disclosure statements filed with the Illinois State Board of Elections in January, 17 firms or attorneys who practice in Madison and St. Clair counties contributed $7,350 of that amount. In fact, roughly one-fourth of the $30,200 in itemized individual contributions came from Metro-East personal injury firms or attorneys.

Campaign financing for Stewart’s vacancy has not been as robust.

According to Bleyer’s fourth quarter fund-raising report, he had received $7,475 in campaign contributions from donors only in southern points of the Fifth District.

His report showed that his biggest financial support came from attorney Dale Aschemann of Carterville with a $1,500 contribution. Justice Stewart and his wife Marleigh contributed $1,000, and the Brandon & Schmidt law firm in Carbondale also contributed $1,000.

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Couple blames Poshard & Sons for head-on tractor-trailer collision

March 16, 2016, 10:14 am
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BELLEVILLE – A tractor-trailer driver and his wife are suing a commerce carrier, alleging negligence for injures the husband says he suffered in a collision with another tractor-trailer.

Knox Whitt and Katharina Whitt filed the lawsuit March 4 in St. Clair County Circuit Court against James R. Poshard & Sons Inc. and Jonathan Shealey, alleging negligence.
  
Poshard & Son is an interstate commerce carrier licensed to operate in Illinois while Shealey, from Indiana, is an employee of the company.  

According to the complaint, on March 20, 2014, Know Whittt was driving his truck southbound on U.S. Route 231 while Shealey was driving his rig northbound. At that time, the suit says, Shealey was operating his vehicle negligently, causing it to cross the center line of the highway and crash into Whitt's vehicle.

The lawsuit states other negligent actions by the defendant were failure to keep his vehicle on the right side of the road, causing the vehicle to cross the center line, failing to keep a proper lookout, Shealey was driving in a tired condition and while taking a narcotic substance or medication, and he was looking at his cell phone while driving.
  
The head-on collision caused multiple injuries to the plaintiff, the complaint says, including having his head forcibly thrown through the driver's side window, bruising, lacerations, plus sprains and fractures to the entire left side of his body. The lawsuit says the plaintiff continues to suffer loss of sleep, nervousness, anxiety, depression and irritability; and he has incurred at least $5,000 in medical expenses and has lost wages for inability to work.

Katharina Whitt is suing over the loss of consortium of her husband. She seeks a judgment of actual damages, plus court costs

Knox Whitt seeks actual damages of more than $50,000, plus court costs and a trial by jury. The plaintiffs are represented by attorney Gregory G. Fenlon of Clayton, Missouri. 

St. Clair County Circuit Court case number 16-L-123
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Real estate business wants Scottsdale Insurance to pay for home damage

March 16, 2016, 10:25 am
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EDWARDSVILLE – An Illinois real estate management company is suing an insurance firm and a construction business, alleging negligence over damage to one of the plaintiff's properties and the aftermath of that damage.
   
Belle Street Properties LLC filed the lawsuit March 10 in Madison County Circuit Court against Scottsdale Insurance Company of Arizona and Krueger New Home and Remodeling Inc. of Alton, alleging negligence.
 
According to the complaint, Belle Street owned property at 314-316 Belle St., Alton, that was undergoing demolition, renovation and construction work by Krueger. The suit says the property was covered by a builders risk policy, issued Feb. 23, 2015, by Scottsdale Insurance.

On March 19, 2015, the lawsuit states, the property was permanently damaged when an agent of Krueger was working on it and supporting walls moved, causing significant damage to and reduction in the value of the structure.

The plaintiff says Krueger was negligent for failing to take proper precautions while working on the foundation of the structure.

Belle Street made a claim under the insurance policy but, according to the complaint, Scottsdale refuses to pay. The plaintiff considers the defendant in breach and violation of the terms of the policy.

From the insurance company, Belle Street Properties seeks no less than $50,000, plus statutory exemplary damages of 60 percent of its recovery, the cost of demolition of the structure or the cost to preserve it so as not to cause damage, attorney fees and court costs, and any other relief the court deems equitable. From the construction company, Belle Street seeks no less than $50,000, court costs and other relief the court deems equitable. The plaintiff is represented by attorney David W. Dugan of David W. Dugan PC in East Alton.

Madison County Circuit Court case number 16-L-326
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Shopper blames Quiktrip for slip on oil spill

March 16, 2016, 11:33 am
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EDWARDSVILLE – A Madison County shopper is suing a retail establishment, alleging negligence led to injuries he suffered when he slipped and fell.

James Gibbs filed the suit March 11 in Madison County Circuit Court against Quiktrip Corporation, alleging negligence.
  
On May 14, 2014, the complaint states, Gibbs was inside Quiktrip's location at 2809 Godfrey Road, Godfrey, where he slipped on an oil spot.

The suit says defendant has a duty to exercise reasonable care in the maintenance of its premises to provide a safe environment, and Quiktrip was negligent in that it failed to provide a safe means of ingress and egress, failed to warn the plaintiff of the oil spill, failed to maintain the premises, and was otherwise negligent in the maintenance and upkeep of the property.

As a result, the lawsuit states the plaintiff slipped on the oil patch and fell. The suit says this led to to severe injury and pain for the plaintiff, lost wages and loss of enjoyment of life, medical bills past and future, and disability.
  
Gibbs seeks more than $50,000, plus court costs. He is represented by attorney Matthew P. Young of Kuehn, Beasley & Young PC in Belleville.

Madison County Circuit Court case number 16-L-335
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Patron blames Cellar Room for assault, injuries

March 16, 2016, 11:47 am
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EDWARDSVILLE – A patron is suing an Alton tavern, alleging Dram Shop Act violations over injuries the plaintiff says he sustained when another patron assaulted him.

Kenneth D. McNish filed the lawsuit March 10 in Madison County Circuit Court against The Cellar Room Tavern Inc., doing business as The Cellar Room, Charles Wiley of Alton and Kenneth W. Crutchley of Wood River, alleging Dram Shop Act violations and negligence. Wiley is the owner of The Cellar Room.

On March 15, 2015, according to the complaint, McNish was at the Cellar Room, 2708 East Broadway, Alton, when employees of The Cellar Room sold alcohol to Crutchley.
The suit says Crutchley became drunk and attacked and beat McNish without provocation.
   
As a result of the assault, the plaintiff alleges he was injured internally and externally, cannot tend to his usual duties and affairs, and has accrued and will continue to accrue substantial medical bills.

McNish seeks a trial by jury, at least $50,000 from each defendant for each of the five counts, plus court costs and other relief the court deems proper. He is represented by attorney Ronald J. Foster Jr. of Walton Telken Foster LLC in Edwardsville.
  
Madison County Circuit Court case number 16-L-327
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Motorist blames Missouri driver for rear-end collision

March 17, 2016, 11:58 am
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EDWARDSVILLE – A motorist is suing a Missouri driver, alleging negligence over injuries she says she received in an automobile accident.

Elizabeth Mackey filed the suit March 4 in Madison County Circuit Court against William Gregory of Cedar Hill, Missouri, alleging negligence.
  
According to the complaint, on April 13, 2015, Mackey was driving northbound on Montclair Avenue in Godfrey and was stopped in traffic. At the same time, the suit says, Gregory was also driving northbound and allegedly drove into the back end of the plaintiff's vehicle, causing her injuries.

The lawsuit states the defendant was negligent in driving too fast, failing to keep his vehicle under proper control, failing to keep a proper lookout, failing to reduce his speed and following too closely. 

As a result, the complaint says, the plaintiff injured her neck, back and head, and she continues to suffer pain of body and mind, incur medical bills and lose money that she would otherwise be able to earn as an able-bodied person.

Mackey seeks at least $50,000 and court costs. She is represented by attorney Samuel A. Mormino Jr. of Mormino, Velloff & Snyder PC in Alton.

Madison County Circuit Court Case number 16-L-303
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Illinois company blames Maedge Trucking for severed gas line

March 17, 2016, 12:12 pm
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EDWARDSVILLE – An Edwardsville company is suing a trucking company, alleging negligence over damages to its property when its says a gas transmission line was severed.

Ameren Illinois Company of Edwardsville filed the lawsuit March 7 in Madison County Circuit Court against Mike A. Maedge Trucking Inc., alleging negligence and trespass.
 
American Illinois owns an underground gas main near 694 Vandalia St., Edwardsville, the suit says, and on July 17, 2015, Maedge employees were excavating with a bulldozer to install a driveway at or near the gas line.

While working, the suit says, the defendant's employee hit and damaged the gas line.
According to the complaint, Maedge failed to submit a JULIE request to determine if a utility line was present where they planned to dig.

The lawsuit states other acts of negligence include failing to exercise reasonable care while excavating near the gas line, failing to comply with the requirements of the Illinois Underground Utility Facilities Damage Prevention Act, failing to provide proper notice to JULIE after damaging the gas line, and being otherwise negligent while performing the work.
  
The suit also alleges the defendant trespassed on the plaintiff's property when it caused the damage to the gas line. Not only did said this negligence cause a gas leak, the complaint alleges, but the plaintiff has had to pay more than $104,000 to repair the gas line and for the leaked gas.

Ameren Illinois seeks $104,092 for both counts, plus pre-judgment interest and court costs. It is represented by attorney Edward Q. Costa of Samuels, Miller, Schroeder, Jackson & Sly LLP in Decatur.

Madison County Circuit Court case number 16-L-307
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