Madison Record -

Suit blames dog owner for failing to warn driver of roaming pet

Fri, 20 Nov 2009 15:00:00 CST

A woman claims she sustained neck and back injuries after a dog ran in front of her car, causing her to hit it.

Stephanie Askew filed a lawsuit Nov. 9 in Madison County Circuit Court against Darla K. Lancey, who Askew claims allowed her dog to roam free.

Askew claims she drove north along the 600 block of Troy-O'Fallon Road on Nov. 30, 2007, when Lancey's dog ran into the road and struck Askew's vehicle.

"Due to the collision plaintiff was caused to sustain severe injuries," the suit states.

Because of the accident, Askew claims she suffered physical pain and suffering, incurred medical costs and lost money because of her inability to work, the complaint says.

Askew blames Lancey for failing to properly restrain her dog, for allowing her dog to roam freely on the road and for failing to warn of her dog who roamed freely.

In the two-count complaint, Askew seeks a judgment of more than $100,000, plus costs.

Matthew A. Marison of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing her.

Madison County Circuit Court case number: 09-L-1201.

LakinChapman files new PPO class action in Madison County

Fri, 20 Nov 2009 14:15:00 CST

Schmieder

A class action lawsuit has been filed against a company acting as a claims administrator that allegedly resold preferred provider organization benefits to insurance companies without authorization.

Lead class plaintiff Walsh Chiropractic claims defendant StrataCare would repeatedly apply discounts to bills submitted under workers' compensation plans sponsored by those insurance companies to whom it resold benefits.

Walsh and the putative class will be represented by Robert W. Schmieder II, Jonathan B. Piper and Andrew W. Kuhlmann of LakinChapman in Wood River will be representing them.

According to the complaint filed Nov. 6 in Madison County Circuit Court, StrataCare gained access to discounted reimbursement amounts associated with an agreement between Walsh and First Health Group Corp., which is an organization that oversees the preferred provider organization.

Under a PPO, a network of health care providers offer discounted rates for their services. In exchange, insurance companies agree to encourage their insureds to utilize those providers by offering financial incentives.

Usually, providers enter a PPO network through a provider agreement with an administrator, such as First Health. That administrator then enters into contracts with insurance companies, known as payors.

StrataCare became a payor when it entered into a workers' compensation agreement with First Health, the suit states.

However, it did not financially encourage patients to utilize Walsh's services, the complaint says. In addition, it illegally began acting as a claims administrator for various third parties, Walsh claims.

"StrataCare nonetheless unlawfully entered into agreements with these third party payors pursuant to which StrataCare applied First Health discounts to bills submitted under workers' compensation plans sponsored by these third-parties," the suit states. "StrataCare knew or should have known that these discounts were unlawful and improper because StrataCare was not a proper Payor and had no lawful right to impose or resell the discounts under the First Health provider agreements."

Walsh accuses StrataCare of operating a silent PPO, which means the insurance company reaps the benefits of discounts without steering patients to participating doctors.

"By operating a silent PPO, Defendant has illegally reaped huge savings for itself and its clients, and pocketed substantial revenues in customer fees, while giving no consideration to preferred providers in exchange for the PPO discounts," the suit states.

Under the silent PPO scheme, Walsh and the class have been economically damaged, according to the complaint.

For example, Walsh says it has lost more than $4,000 on one workers' compensation claim because of StrataCare's scheme.

The money was lost after Walsh began treating a patient in October 2005 who was claiming workers' compensation benefits under a workers' compensation policy issued by Mid-West Truckers Risk Management Association, the complaint says.

Walsh claims it continued to treat the patient until February 2006 and charged $11,495 for its services.

However, it was only paid $7,086.06, according to the complaint.

"Upon information and belief, Plaintiff's bills were adjusted by Defendant, under an agreement between StrataCare and Mid-West Truckers," the suit states. "Under the StrataCare-Mid-West Truckers agreement, StrataCare acts as third party administrator, servicing and paying Mid-West Truckers' workers' compensation claims."

In the five-count suit, Walsh and the putative class are asking the court to certify the case as a class action complaint, to certify Walsh as representative of the class and to enter an unspecified judgment against StrataCare, plus other relief the court deems just.

Madison County Circuit Court case number: 09-L-1200.

Federal appeals court kicks back H&R Block class action

Fri, 20 Nov 2009 12:25:00 CST

Mendelsohn

CHICAGO � Madison County Associate Judge Ralph Mendelsohn accidentally turned a state class action against tax preparer H&R Block into a federal case.

Changes he approved in the suit require removal to federal court, judges of the Seventh Circuit appeals court recently ruled.

The Seventh Circuit reversed District Judge Michael Reagan of East St. Louis, who rejected jurisdiction when H&R Block removed the case from Mendelsohn's court.

Reagan reopened the case on Nov. 3, announcing he would not honor Mendelsohn's ruling on class certification.

He gave plaintiff lawyers at LakinChapman a month to file a brief on class certification, not to exceed 20 pages.

He set a class certification hearing on Jan. 29.

Plaintiff Lorie Marshall sued affiliates of H&R Block in 2002, claiming they charged improper fees for guarantees that they would cover the cost of any error.

In 2003, Mendelsohn certified three national plaintiff classes and a national defendant class.

In 2005, the Illinois Supreme Court in Avery v. State Farm prohibited multi-state class actions where differences in laws and claims made class action impractical.

Lakin lawyers responded by proposing to drop 37 states, decertify the defendant class, and dismiss all defendants but TSI, a franchisor of retail tax offices.

Mendelsohn adopted the proposal on Aug. 5 of last year.

TSI removed the case to federal court 13 days later, arguing it would bear liability for acts of all associates and affiliates.

TSI claimed its liability expanded so greatly that Mendelsohn started a new cause of action for purposes of the Class Action Fairness Act of 2005.

The act steers most new class actions to federal courts and triggers removal of an old case if changes turn it into a new cause of action.

TSI pleaded that Mendelsohn triggered removal.

Reagan didn't agree, but in August the Seventh Circuit corrected him.

Judge Richard Posner wrote, "The district court judge thought that only a formal amendment of the complaint could commence a new action for CAFA purposes, but that would place too much weight on form."

"Defendant classes are certified in order to facilitate the economical resolution of common issues rather than to alter the substantive rights of parties or class members," Posner wrote.

He wrote that "having lost the other defendants, the plaintiffs want to pin the entire liability of all the former members of the defendant class on TSI.

"They may, for all we know, be able to do so, but that will, so far as appears, enlarge TSI's liability," he wrote.

TSI estimated its additional potential liability at $60 million, he wrote.

"We can imagine a situation in which a defendant deliberately increases its potential liability in an attempt to be allowed to remove the case under the class action fairness act; but that is not argued," he wrote.

Chief Judge Frank Easterbrook and Judge John Tinder agreed.

Woman blames Amtrak for slipping on water near steps

Fri, 20 Nov 2009 11:30:00 CST

A woman claims she slipped on water in a dark hallway while a passenger on an Amtrak train.

Belinda Bennett filed a lawsuit Nov. 6 in Madison County Circuit Court against National Railroad Passenger Corporation also known as Amtrak.

Bennett claims she was a passenger on a moving Amtrak train on Nov. 13, 2007, when she slipped on water allowed to accumulate in a pathway near steps.

"This water was left in an unsafe location as it originated from the Defendant's equipment and Defendant left it without warning," the suit states. "Additionally the lighting was very poor making visibility difficult and unsafe, yet no other egress was provided."

Because of the incident, Bennett suffered injuries to her back and legs, experienced depression, may have sustained psychological and emotional damages and lost his earning capacity, according to the complaint. In addition, Bennett incurred medical costs, has been permanently damaged in her ability to work, labor and enjoy her normal pursuits and suffered pain and mental distress, the complaint says.

Bennett blames Amtrak for failing to provide her with a safe place to work, for failing to provide her with safe conditions for travel, for failing to provide her with safe equipment, for failing to provide her with sufficient warning, for failing to provide her with a safe pathway and for failing to warn of the presence of hazards.

Daniel R. Francis of The Francis Law Firm in St. Louis will be representing her.

Madison County Circuit Court case number: 09-L-1199.

Asbestos trial setting will be modified in Madison County

Fri, 20 Nov 2009 11:00:00 CST

Stack

With little more than a year to serve before his term expires in December 2010, Madison County Circuit Judge Daniel Stack said he plans to make a big change to the court's asbestos standing order.

Stack said he will modify a portion of the order that sets trial dates for plaintiff firms more than a year and a half in advance.

The particular portion he will modify establishes in March of each year up to 28 jury trial weeks for the following year. Future trial dates are awarded to firms based on their past need for trial dates, Stack said.

"In my opinion we must do something to change," Stack said. "It's going to be done before I am out of here."

An asbestos defense attorney who spoke on background said that securing trial dates is an advantage for plaintiff attorneys because they prompt settlements, which in Madison County average close to $2.5 million.

The order, which was established in 2004 by former Circuit Judge Nicholas Byron, allows plaintiff firms to submit requests for trial dates and serve the same to defense counsel of record, without specifying cases to be set.

"If you have trial dates you will get referrals, is what appears to be going on," Stack said.

"It has been expressed, 'if you build it they will come,'" he said.

Stack said he had learned from talking to some defense lawyers that "this has become a problem."

The asbestos docket in Madison County has grown each year since 2006. As of Nov. 6, 656 new asbestos cases had been filed in the Edwardsville courthouse, compared to 639 in 2008.

Having peaked in 2003 with 953 filings, Madison County continues to carry one of the heaviest asbestos dockets in the country.

Glancing at his computer during an interview Wednesday, Stack said he can already tell what his November 2010 docket looks like.

He indicated the order will be worked on beginning in December and will be finished no later than before March. Stack said he would talk with lawyers on both sides to determine how he will rewrite the order.

While he plans on changing the standing order regarding trial setting, Stack said the practice has made it "easier" for both sides to know what they're dealing with. He said defendants often have to contend with trial dockets in several other courts across the country.

"Part of the reason why it's good is that you know your exposure," he said. "It gives you the ability to make an annual budget... they can make a package deal."

Stack maintains that Madison County is a convenient, efficient and fair place for asbestos litigation.

"Everybody knows everybody," Stack said.

He said that lawyers before him will sometimes fight "tooth and nail" and sometimes want to "even take it outside."

But, many of those who battle in court are friends on the outside, he said.

Driver injured in I-55 exit ramp accident sue car owners

Fri, 20 Nov 2009 11:00:00 CST

A man has filed suit against the driver who he claims rear-ended him while he was stopped at a stop sign.

Paul Tarpey claims he had stopped his 2004 Toyota Camry at a stop sign on the Illinois Highway 162 exit ramp off of Interstate 55 South in Troy when defendant Terry L. Massey, who was driving a 2002 Nissan Xterra directly behind Tarpey, rear-ended Tarpey.

Defendants Kevin Massey and Tiffany Massey owned the Nissan Terry L. Massey was driving at the time of the collision, according to the complaint filed Nov. 17 in Madison County Circuit Court.

Because of the collision, Tarpey sustained sprained, torn, cut and bruised muscles, ligaments, membranes, nerves, blood vessels and tissues and became sick, sore, lame and disordered, according to the complaint. In addition, he suffered great pain and anguish; suffered injuries to his head, neck, shoulders, back and right side; suffers from headaches; incurred medical costs; and suffered internal derangement of the injured members of his body, the suit states. Tarpey has been prevented from earning money and from participating in many of his usual daily activities, the complaint says.

Tarpey blames Terry L. Massey for failing to keep the vehicle under control, for failing to observe Tarpey, for failing to maintain a safe distance between his vehicle and Tarpey's and for failing to reduce his speed.

Kevin and Tiffany Massey negligently allowed an unsafe driver to operate their vehicle, according to the complaint.

In the three-count suit, Tarpey is seeking a judgment of more than $150,000, plus costs and other relief the court deems just.

Richard G. Reed of Reed and Bruhn in Belleville will be representing him.

Madison County Circuit Court case number: 09-L-1238.

Driver ran red light, caused accident, suit claims

Fri, 20 Nov 2009 11:00:00 CST

A woman claims she and her minor child became sick, sore, lame, disordered and disabled after a driver failed to obey a red light.

Dawn M. Clark filed a lawsuit Nov. 17 in Madison County Circuit Court against Kara L. York.

Clark claims she was driving north on Route 159 at its intersection with Route 162 in Maryville on Nov. 25, 2007, at about 4:28 p.m. when the collision occurred. Riding as a passenger with Clark was her daughter, Savannah Peyla.

At the same time, York was driving west on Route 162 at the same intersection when she ran a red light and caused the collision, according to the complaint.

In addition to becoming sick, sore, lame and disordered, Clark and Peyla incurred medical costs, suffered disability, experienced pain and suffering and lost wages, the suit states.

During the collision, both also received injuries to their backs and necks, the complaint says.

She blames York for failing to keep a proper lookout, for failing to properly apply her brakes, for failing to stop at a red light, for failing to obey a traffic signal, for driving too fast and for driving without adequate brakes.

In the three-count suit, Clark is seeking a judgment of more than $150,000, plus costs.

John H. Hustava of Collinsville will be representing her.

Madison County Circuit Court case number: 09-L-1240.

27 new asbestos cases filed Nov. 2-6 in Madison County

Fri, 20 Nov 2009 07:39:00 CST

Phillips

A total of 27 new asbestos lawsuits were filed in Madison County Circuit Court throughout the week of Nov. 2 through Nov. 6.

The following suits were filed:

--Bob D. Berlin of Minnesota, a plumber, sheet metal worker, electrician and laborer at various locations from 1966 until 1979, claims lung cancer. Berlin will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1188.

--David and Kathleen Black of New York claim David Black developed mesothelioma after working as a painter and drywaller from 1971 until 1978, as a mechanic and infantryman at St. Leonard Wood from 1975 until 1997, as an accident investigator for the U.S. Army from 2000 until now and as a shadetree mechanic from 1958 until 1980. The Blacks will be represented by Randy L. Gori of Gori, Julian and Associates in Alton. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel of The Lanier Law Firm in Houston will serve of counsel. Madison County Circuit Court case number: 09-L-1165.

--Elroy Christiansen of Wisconsin, an electrician at various locations from 1966 until 1999, claims lung cancer. Christiansen will be represented by Randy S. Cohn of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1167.

--Richard Clemons of Virginia, a painter at various locations from 1971 until 1979, claims lung cancer. Clemons will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1172.

--Janet Elrod claims the recently deceased Betty R. Walker developed mesothelioma after being exposed to asbestos fibers through her family member, William Walker, who worked as an electrician from 1960 until 1972 at various locations. Elrod will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1195.

--Mark and Margaret Garbry of New York claim Mark Garbry developed mesothelioma after his work as a drop hammer operator at Oneida Limited Silverware Company from 1966 until 2009, as a part-time EMT worker from 1989 until 2002 and as a shadetree mechanic in the 1970s. The Garbrys will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, R. Craig Bullock and J. Kyle Beale of the Lanier Law Firm in Houston will serve of counsel. Madison County Circuit Court case number: 09-L-1178.

--Henry C. Gayden of Kentucky, a laborer and welder at various locations from 1967 until 1979, claims lung cancer. Gayden will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1192.

--Robert N. Gitzen of Pennsylvania, a laborer and steelworker at various locations from 1964 until 1979, claims lung cancer. Gitzen will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1193.

--Darwin B. Hoover of Louisiana, a welder and laborer at various locations from 1961 until 1979, claims lung cancer. Hoover will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Anglides and Barnerd of East Alton. Madison County Circuit Court case number: 09-L-1191.

--Betty Huff of Missouri claims her recently deceased husband, J.L. Huff, developed mesothelioma after his work as a maintenance worker, millwright and foreman at Masonite from 1948 until 1985 and as an insulator at Ingalls Shipbuilding in the 1960s. Betty Huff will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1175.

--Robert M. and Margatette Law of Virginia claim Robert Law developed mesothelioma after his work with Alcoa from 1944 until 1945 and as a member of the U.S. Air Force from 1950 until 1971. Robert M. Law was also exposed to asbestos fibers through his father, who worked at the same facility for 20 years while Robert M. Law was living with him. The Laws will be represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-1183.

--Jeana Manolescu of New York claims she developed mesothelioma after being exposed to asbestos fibers through her family member, Vincent Egresits, who worked as a laborer, electrician and home remodeler at various locations from 1970 until 1979. Manolescu will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1173.

--Arval R. Mason of Arkansas, a laborer at various locations from 1967 until 1979, claims lung cancer. Mason will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1187.

--Joseph Maurelli Jr. of Colorado, a facilities engineer, an engineer, a project manager and a reactor operator at various locations throughout Illinois, Minnesota, California, Colorado and Idaho from 1960 until 2009, claims pleural mesothelioma. Maurelli will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1184.

--Anthony J. McDonald of Nevada, a marine, tree cutter, truck driver and meat cutter at various locations from 1963 until 1979, claims mesothelioma. McDonald will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1174.

--James Moroney of Wisconsin, a delivery man, mechanic, laborer, millwright and electrician at various locations from 1960 until 2007, claims pleural mesothelioma. Moroney will be represented by G. Michael Stewart and Jill Price of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1186.

--Ferris Murphy of Nevada claims her recently deceased husband, Laurence S. Murphy, developed lung cancer after his work as a plumber and home remodeler at various locations from 1955 until 1979. Ferris Murphy will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1197.

--Aileen Noll of Wisconsin claims her recently deceased father, William Noll, developed mesothelioma after his work as a mechanic in the U.S. Army from 1969 until 1972, as a laborer at various sites from 1976 until 1977, as a mechanic from 1977 until 1979, as a drywaller and general residential construction worker 1966 until 1978 and as a shadetree mechanic from 1969 until 1991. Aileen Noll will be represented by Randy L. Gori of Gori, Julian and Associates in Edwardsville. W. Mark Lanier, Patrick N. Haines, W. Casey Harris and M. Clay Fostel of The Lanier Law Firm in Houston will serve of counsel. Madison County Circuit Court case number: 09-L-1166.

--Keith Pace of Nevada claims his recently deceased father, Alfred Pace, developed mesothelioma after his work as a laborer and shipwright at various locations from 1954 until 1979. Pace will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1171.

--Melvin and Darlene Peterson of Utah claim Melvin Peterson developed mesothelioma after his work as a car salesman at Bosse Motors from 1959 until 1962, as a bricklayer at Powell College from 1960 until 1961, as a laborer at Standard Refinery from 1961 until 1962, as a car salesman at Capital Chevrolet Company from 1962 until 1964, as a partner in Peterson Brothers Construction Company from 1964 until 1967, as a partner in Peterson Trailer and Auto Sales from 1966 until 1967, as the owner and manager of Peterson Auto Sales beginning in 1967 and as a safety inspector and car repairman at Pete's Texaco beginning in 1972. The Petersons will be represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-1164.

--Dale Rhine of Illinois, a laborer, concrete finisher, pipefitter helper and engineer at various locations from 1950 until 1979, claims asbestosis. Rhine will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1194.

--Antonio Rivas of Washington, a laborer and welder at various locations from 1968 until 1979, claims colon cancer. Rivas will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1189.

--Gala Seay of North Carolina, a laborer, coal miner and home remodeler at various locations from 1973 until 1979, claims lung cancer. Seay will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1196.

--Penn Smith of Utah, an electrician at various locations from 1965 until 1979, claims lung cancer. Smith will be represented by Robert Phillips, Perry J. Browder and Rosalind M. Robertson of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1190.

--Laura Thompson of Nevada, a dental assistant, office manager, bookkeeper and office assistant at various locations throughout Illinois, California, Arkansas, Montana and Utah, claims mesothelioma. Thompson was also exposed to asbestos fibers through her father, who worked as a construction laborer and construction supervisor from 1936 until 1961. Thompson will be represented by Amy E. Garrett and W. Brent Copple of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1179.

--Frances Trillet of Louisiana, a dental assistant from 1957 until 1963, claims mesothelioma. Trillet will be represented by Richard L. Saville Jr. and Ethan A. Flint of Saville and Flint in Alton. Madison County Circuit Court case number: 09-L-1182.

--Angela Van Vranken of Tennessee claims her recently deceased mother, Pauline Mahoney, developed mesothelioma after her work as an assembly line worker, waitress and homemaker at various locations throughout Illinois, Kentucky, Ohio and Tennessee from 1943 until 2009. Mahoney was also exposed to asbestos fibers through her husband, William Mahoney Jr., who worked as a motor car repairman, pump repairman, electrician, pipefitter, bridge repairman, bridge inspector and superintendent from 1933 until 1977, and through her son, Barry Mahoney, who worked as a laborer from 1983 until 1988. Van Vranken will be represented by Amy E. Garrett and Sean M. Keane of Simmons, Browder, Gianaris, Angelides and Barnerd in East Alton. Madison County Circuit Court case number: 09-L-1168.

No verdict yet in Granite City retaliatory discharge case

Fri, 20 Nov 2009 07:26:00 CST

Although the jury deliberated until an hour after the Madison County courthouse closed, there was not a verdict Thursday night in a retaliatory discharge suit brought by a former hospital manager.

Jurors heard the final defense case testimony, the plaintiff's rebuttal and closing arguments from both sides before beginning deliberations just after 4 p.m.

An hour later, they returned to tell Madison County Circuit Judge Barbara Crowder that they wanted to continue with deliberations Friday.

The suit's trial began Monday.

Plaintiff's attorney Susan Andorfer stressed the elements of proof she and her client, Diane Hughes, had met to prove that Hughes was fired by defendant Gateway Medical Center in September 2006 for allegedly refusing to defraud Medicaid and Medicare.

Hughes claims she refused to direct case managers she supervised to fully admit over 50 nursing home patients who had been evacuated to the hospital due to a power outage at their home caused by severe storms.

Gateway countered in its case and the closing delivered by defense attorney Richard Behr that Hughes was told to resign for not doing her job.

Hughes' suit seeks damages in excess of $50,000 and costs under the Illinois Whistleblower's Act.

"You're entitled to use your common sense," Andorfer told the jury during her closing argument. She cited testimony from several Gateway Medical Center employees about the lack of disciplinary actions taken over Hughes' performance.

She used the words she said a former colleague mentioned describing being fired as "a nuclear attack," in someone's personal life.

Andorfer outlined the damages the suit sought, including $47,070 for past lost wages and benefits and $16,125 for future lost wages.

In his closing argument, Behr said he could not figure out why the hospital, that took the nursing home patients in during an emergency, he said, was "the bad guy."

He cited evidence that Hughes had been actively seeking another job for over a year prior to her resignation in 2006 including an interview for the job she has now and documents she wrote stating she wanted to cut her commute and step down from her position.
Hughes had testified that she had not interviewed for it on the date in question.

Behr furthered argued that Hughes' supervisors had simply wanted to get patients cared for rather than instructing her to "coach" diagnoses that would lead to insurance, Medicare and Medicaid billings.

He cited the fact that only three of the more than 50 nursing home patients were admitted to Gateway.

"I'll bet you that there are three people who are glad the doctors at Gateway examined them," he said.

"Gateway is not a Motel 6 or a gym for housing. It's a hospital."

Andorfer, in her response, countered that upper level managers like Hughes routinely look for jobs while employed.

"Looking for another job is not the same as being fired or forced to resign," she countered.

Prior to closing arguments, jurors saw video depositions and Hughes took the stand again to rebut certain defense testimony and evidence.
Hughes is also represented by Dana Deck.

The hospital is also represented by Jason Kinser.

The jury will return Friday morning.

The case is Madison case number 07-L-185.

Witnesses remain as Alton foot amputation suit goes into Friday

Fri, 20 Nov 2009 07:00:00 CST

A Madison County jury was unable to begin deliberations Thursday in an Alton foot amputation and accident suit due to witness travel schedules that require more testimony Friday morning.

Circuit Judge David Hylla released jurors at about 2:30 p.m. Thursday, telling them to return for the final testimony, closing arguments and deliberations Friday.

The trial began Monday.

Plaintiff Steven Kirk contends that he was injured severely and lost his right foot when defendant Enver Hamiti ran a stop sign in the Ridge Street area of Alton three years ago and hit his motorcycle.

Kirk is suing for damages in excess of $50,000 and costs.

Hamiti claims that Kirk contributed to the accident.

In testimony Wednesday, Kirk admitted to drinking the day of the accident although he does not remember the entire day. According to testimony and records introduced in the case, his blood alcohol level exceeded the state limit.

Experts have also testified that Kirk was speeding.

The trial will resume at 9 a.m. Friday.

Kirk is represented by Amy Meyer and Chris Kolker.

Hamiti is represented by Mark Kurz.

The case is Madison case number 07-L-165.