Madison County Record

Still no answers in Fairview Heights FOIA refusal

Thu, 09 Jul 2009 14:36:00 CST

Mitchell

Fairview Heights officials are still waiting for City Attorney Al Paulson to explain why he refused to honor a newspaper's request to view attorneys' bills related to the city's four-year battle with online travel companies.

The Madison County Record, which filed a Freedom of Information Act (FOIA) request June 8, asked the city to clarify which legal exemptions it claimed in denying the records request in order to appeal the refusal to Fairview Heights Mayor Gail Mitchell.

Under the Illinois Freedom of Information Act, Fairview Heights is required to specifically cite legal exemptions it believes justifies refusal. As yet, there has been no word as to which parts of the law the city cites for exemption.

The Record requested the documents in order to determine how much the city and how much its lawyers took away from suits against 13 online travel companies such as Orbitz, Expedia, Priceline and Hotels.com.

According to settlement documents released under a prior FOIA, the city netted about $315,000 from the suits. Fairview Heights had begun the action as part of a failed class action, attempting to recover monies it argued were back hotel-motel room taxes.

The original class action was filed in 2004. After it failed to gain class certification in federal court, the city pursued individual claims. The last defendant, Orbitz, and its subsidiaries, settled in March 2009.

According to the city clerk's office, several calls have been placed to Paulson including messages left Wednesday and Thursday. Those calls have not been returned as of press time, according to the clerk's office.

The settlements state that the parties would bear their own costs. Mitchell has repeatedly told the Record in prior interviews that he did not believe the suits cost the city anything. However, it is still unclear what, if any, portion of the settlements went to Paulson, St. Louis-based attorney Richard Burke and the others who represented Fairview Heights in the actions.

It is also unclear how much Fairview Heights got from the legal battles. The largest settlement was for $105,000 to be paid by Expedia. The city has received a check from Expedia for roughly $57,000. According to the city treasurer's office, no other checks have been received.

In the June 12 FOIA denial letter, City Clerk Joseph Kassly wrote that "We have consulted our City Attorney and he stated that the entries on the bills are protected and could disclose other matters, i.e., personnel matters etc. and therefore we cannot honor your request for records."

Illinois FOIA law does include 36 exemptions to protect certain types of documents. These include personal privacy and some legal matters. However, the law does not exempt payment records made to a law firm when they contain no legal advice or any matter covered by attorney-client privilege.

Public bodies refusing FOIA requests are also mandated by the act to cite the definition of public records and the specific exemptions.

Breach of warranty case set for trial, pretrial conference on Friday

Thu, 09 Jul 2009 13:51:00 CST

A pre-trial conference will be held in a 2004 breach of warranty suit that is scheduled for trial Monday morning.

Madison County Circuit Judge David Hylla is set to hear pre-trial motions Friday at 1 p.m. in the case of Jason and Fayetta Durrett v. Cho Kacy DBA Advantage Construction Company and Kacy Group LTD.

The complaint in the case was not available.

Also included in the case are defendants Union Planters Bank and First American Title Insurance Company.

The plaintiffs are represented by Kenneth Brennan. The Kacy defendants are represented by Dan Lesicko. Union Planters is represented by Russell Scott. First American is represented by Joseph Hill.

The Monday trial is scheduled for 9 a.m.

The case is Madison case number 04-L-009.

Negligence trial over tree step accident set July 14

Thu, 09 Jul 2009 13:51:00 CST

Matoesian

A lawsuit stemming from tree steps that allegedly collapsed in October 2004 is set for trial Monday.

One defendant has also asked the court to approve a settlement worth $2,500. Three of the suit's original defendants won dismissals.

Plaintiff Michael Spann sued Ameristed Inc., Stokes Steel Treating Company Inc., Hindley Manufacturing Company Inc., Gordon Johnson DBA Ultra Product LTD., Wal-Mart Stores Inc., Ultra Products LTD., and Mid-State Plating Company over what he said were faulty tree steps.

After purchasing the steps from Wal-Mart, Spann claims, among other charges, that the steps were faulty and collapsed. He claims injuries to his right ankle and left knee, past and future pain and suffering, medical bills and lost income.

His original suit included multiple counts of negligence against the defendants. He seeks damages in excess of $200,000 and costs.

Wal-Mart was dismissed from the case in April of this year. Ultra Products LTD. was dismissed in September 2006 while Mid-State was dismissed two years later.

Stokes asked the court on June 22 to approve a settlement granting Spann $2,500 after reaching the settlement 11 days earlier.

The trial is scheduled to begin July 14 at 9 a.m.

Madison County Circuit Judge Andy Matoesian is presiding.

Spann is represented by Lance Mallon. Ameristed is represented by James DeFranco. Stokes is represented by Donald Ohl. Hindley is represented by Russell Watters. Johnson is represented by Tori Lynn Cox.

The case is Madison case number 06-L-422.

Trial continued in eight-year old suit

Thu, 09 Jul 2009 13:50:00 CST

A trial that was scheduled to begin Monday in a 2000 declaratory judgment case has been moved to January.

Counter-defendants Dennis Ulrich, Ronald, Schneider, Michael Fitzgerald, Kimberly Krueger, Steven Langendorf and Scheffel & Company Computing Services filed a motion to continue the trial the July 13 trial June 17. Madison County Circuit Judge Daniel Stack moved the trial July 8.

The suit's complaint was not available in the court file Thursday.
The plaintiff in the case is Scheffel and Co. P.C. Richard Scheffel, Gene Kratschmer, and Robert Zoelzer filed to intervene in the suit.

The defendant is Kenneth Fessler as well as counter-defendants Ulrich, Schneider, Fitzgerald, Krueger, Langendorf, Scheffel and Company Computing Services, and Jeff Burton.

The plaintiff is represented by Edward Szewczyk. Szewczyk also represents all of the counter defendants. The interveners are represented by Holloran and Stewart. The defendant is represented by David Antognoli.

The new trial is scheduled for Jan. 19, 2010 at 9 a.m.

Trial in this case had previously been set for November 2008.

The case is Madison case number 2000-MR-479.

Motions to be heard in battery suit against Madison police officers

Thu, 09 Jul 2009 11:00:00 CST

Crowder

The alleged police beating of a trucker at a Madison truck stop in 2006 -- which resulted in a malicious prosecution suit trial in May -- is again at the center of a Madison County Circuit Court case.

This one was filed by the trucker who claims to have been kicked in the head and tased by two Madison police officers.

Circuit Judge Barbara Crowder, who oversaw the May trial, is presiding over St. Louis trucker Adulis Kidane's suit against the city of Madison and officers J.D. Harris and Michael Renth.

Crowder is scheduled to hear motions in the battery and false imprisonment case on Friday.

Kidane is seeking damages in excess of $50,000 per each of the multiple counts and costs.

He filed a motion to amend his original complaint to include punitive damages against both officers but not the city.

According to his complaint, Kidane was pulled from his semi-tractor at the Pilot Truck Stop in Madison by the officers around 2:15 a.m. May 25, 2006. The officers then allegedly kicked him in the head and tased him while he was handcuffed on the ground. Kidane was then arrested by Harris and Renth, taken to the city jail and held there until bond was posted. Kidane was charged with two counts of misdemeanor resisting arrest and a count of criminal trespass to property.

In his complaint, Kidane claims he was not made aware he was trespassing nor was he given warning of the arrest. He claims he did not resist the officers or provoke their actions.

In his motion for punitive damages, Kidane cites testimony from a security guard at the truck stop, Steven Rose.

Rose, of St. Charles County, Mo., was arrested by Madison police officers about a month after the May incident for several weapons charges and impersonating a police officer. Rose claimed that the arrest was in retaliation for witnessing Kidane's beating and sued Madison Police Sgt. Neal Mize, officer Curtis Bradley and the city of Madison after the charges against him were dropped.

The case was tried in May and the jury found for Rose in the amount of $119,450.

In their answer, the city and officers denied Kidane's allegations.

Kidane is represented by Brian Polinske of Polinske and Associates P.C. of Edwardsville. The city and its officers are represented by James Craney of Brown and James P.C. of St. Louis. Polinske represented Rose in his action against Madison, Mize and Bradley. Craney represented the defendants in the Rose suit.

The case is scheduled for trial on Sept. 14.

The case is Madison case number 07-L-438.

10 new asbestos cases filed between June 15-19

Thu, 09 Jul 2009 10:38:00 CST

A total of 10 new asbestos lawsuits were filed in Madison County Circuit Court during the week of June 15 through June 19.

The following complaints were filed:

--Harry F. Anderson, who served in the U.S. Navy from 1960 until 1964, claims he developed mesothelioma. Anderson says he also worked as a punch press operator and welder from 1964 until 1966. Anderson is represented by James F. Kelly and Jeffrey A.J. Millar of Brent Coon and Associates in St. Louis. Madison County Circuit Court case number: 09-L-645.

--Sid Deinema of Illinois, a mechanic, laborer, bricklayer and operator at various locations throughout Illinois and Indiana from 1964 until 2009, claims mesothelioma. Deinema is represented by Shane F. Hampton and Paul M. Dix of SimmonsCooper in East Alton. Madison County Circuit Court case number: 09-L-648.

--Rick Dins of Wisconsin claims his recently deceased father, Rudy Dins, developed mesothelioma after his work as a gunner's mate for six months at the end of World War II and as a laborer and carpenter until his retirement in 1984. Rick Dins is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville. Madison County Circuit Court case number: 09-L-647.

--James Heal and Helen Heal claim James Heal developed mesothelioma after his work as a shoe worker, service station attendant, printer, member of the United States Navy and electrician at various locations in Illinois, California, Rhode Island and Arizona. The Heals are represented by Richard L. Saville Jr. and Ethan A. Flint of Saville and Flint in Alton. Madison County Circuit Court case number: 09-L-635.

--Jimmy Martin Sr. and Theresa Lynn Martin claims Jimmy Martin Sr. developed mesothelioma after his work as a pipefitter, boilermaker and welder from 1975 until 1985. Jimmy Martin Sr. says he also performed home remodeling jobs and automotive brake jobs in the 1970s. The Martins are 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-634.

--George Edward Nichols and Susan Jane Nichols claim George Edward Nichols developed mesothelioma after his work as a laborer from 1963 until 1966 and a crane operator from 1967 until 2007. Randy L. Gori of Gori, Julian and Associates in Edwardsville will be representing the Nichols. W. Mark Lanier, Patrick N. Haines, C. Taylor Campbell, J.D. McMullen and William H. Barfield of The Lanier Law Firm in Houston. Madison County Circuit Court case number: 09-L-640.

--Barbara Jean Olson of Minnesota claims her recently deceased husband, Clarence R. Olson, developed lung cancer after his work as a pipefitter from 1966 until 2006. The Olsons are represented by Elizabeth V. Heller and Robert Rowland of Goldenberg, Heller, Antognoli and Rowland in Edwardsville. Madison County Circuit Court case number: 09-L-638.

--Dwayne Schlecht and Shirley Schlecht of Colorado claim Dwayne Schlecht developed mesothelioma after his work as a sheet metal worker from 1949 until 1996. The Schlechts are represented by Nicholas J. Angelides, Melissa C. Schopfes and Taylor L. Kerns of SimmonsCooper in East Alton. Madison County Circuit Court case number: 09-L-630.

--Betty White of Oklahoma claims her recently deceased husband, Neil White, developed mesothelioma after his work as a mechanic, electrician, operator, laborer and heavy equipment operator at various locations throughout Illinois and Oklahoma. White is represented by Shane F. Hampton and Paul M. Dix of SimmonsCooper in East Alton. Madison County Circuit Court case number: 09-L-639.

--David L. Woolwine and Penny S. Woolwine of Indiana claim David L. Woolwine developed mesothelioma after his work as a service station worker and foundry worker from 1961 until 1992. The Woolwines are represented by Richard L. Saville Jr. and Ethan A. Flint of Saville and Flint in Alton. Madison County Circuit Court case number: 09-L-644.

OneWest files suit over unpaid promissory note

Thu, 09 Jul 2009 10:36:00 CST

OneWest Bank Group LLC has filed suit against Debra Davis, also known as Debra L. Stillwell, alleging she has failed to pay money owed to them on a promissory note.

OneWest claims Stillwell executed a promissory note with its predecessor in interest on Aug. 14, 2006, but has since defaulted on the note.

"Pursuant to the terms and conditions of the note and agreement, Defendant is in default, and there is now due and owing the amount of $51,518.55," the complaint says.

Although OneWest says it has made demands for the money, Stillwell has refused to pay it.

In addition to the money it says it is due, OneWest is seeking interest and costs.

Richard S. Ralston will be representing it.

St. Clair County Circuit Court case number: 09-L-347.

Judge Bailey no longer presides over Buske, Jones divorces

Thu, 09 Jul 2009 08:28:00 CST

Bailey

Madison County Associate Judge Duane Bailey, who presided over a pair of divorce proceedings that intertwined with criminal investigations involving millions of dollars, no longer presides over them.

On June 30 Chief Judge Ann Callis reassigned him from family court to juvenile court.

Callis chose Associate Judge Ellar Duff to replace Bailey.

On July 1 presiding family court judge Stephen Stobbs assigned Duff to a divorce between former Triad Industries owner Rick Jones and wife Dorothy Jones.

Rick Jones pleaded guilty in January to income tax evasion and agreed to pay $2.4 million to the Internal Revenue Service and $1.2 million in restitution to BP Amoco.

He confessed that he spent for his own benefit money that BP Amoco paid Triad to decontaminate soil at its refinery.

Jones will be sentenced July 16.

In April he signed a divorce agreement that would have paid his debts, but in May he protested that Dorothy should pay.

Bailey authorized the payments himself on June 26.

"There is in this case a misunderstanding that involves millions of dollars," he wrote.

In the other case, household products maker S.C. Johnson challenges a divorce between trucking company owner Thomas Buske and wife Sara Buske as a sham.

S.C. Johnson tried to convince Bailey that Thomas and Sara seek a divorce solely to protect assets from a fraud judgment against Thomas in a Wisconsin court.

Last year Bailey enjoined S.C. Johnson from pursuing the Wisconsin judgment, but appeals judges in Mount Vernon reversed him on June 18.

Justice Stephen Spomer wrote that Bailey issued the injunction "without any allegation, let alone finding, that fraud, gross wrong, or oppression would result from Johnson continuing with its legitimate collection efforts."

Spomer wrote, "The trial court also did not find that a clear equity was presented which required the injunction to prevent a manifest wrong and injustice."

Bailey included no provision to protect S.C. Johnson's interests, he wrote.

On June 12 Bailey signed another order adverse to S.C. Johnson, dismissing its collusion claim against the Buskes.

That order still stands.

In addition to the state court judgment against him, Thomas Buske was indicted March 10 in the Eastern District of Wisconsin on 23 counts of defrauding S.C. Johnson of $15 million through false and inflated invoices between 1999 and 2004.

Buske's divorce lawyers advised Bailey that he expects to go to prison.

As of July 7 Stobbs had not reassigned the Buske divorce.

CVS opposes class certification in 'AirShield' case

Thu, 09 Jul 2009 06:16:00 CST

The defendant in a suit over an off-brand version of the immune supplement Airborne claims more discovery time is needed before the class in a pending case can be certified.

Meanwhile, a hearing took place late last week in a nearly identical pending suit also pending in St. Clair County.

CVS Pharmacy Inc. filed its objections to proposed class representative Iean Finley's motion for a briefing schedule for class certification June 30.

St. Clair Circuit Judge Lloyd Cueto was set to hear the certification argument July 2 but will hear them Sept. 9 instead. That hearing is scheduled for 10:30 a.m.

Finley's suit against CVS's "AirShield," a generic of the popular Airborne is nearly identical to another suit over an Airborne generic that is pending in St. Clair County against Minneapolis-based Target. That suit was brought by lead plaintiff and proposed class representative Brian Buehlhorn. Both suits were brought in 2008 and feature the same attorneys at the plaintiffs and defendants' tables.

St. Clair Circuit Judge Patrick Young is presiding in the Buehlhorn case.

Finley seeks to represent those who bought AirShield on or before Sept. 3, 2003 up to the present. He alleges the product does not work and deceptively packaged. His complaint contends CVS is guilty of unjust enrichment from the sales of the product.

Finley is suing for damages of not more than $75,000 per class member, costs and attorneys' fees.

In its June 30 objection, CVS argued that more time was needed for discovery and without it, the company would be unable to address the class certification issue.

Cueto ordered the re-setting of the certification hearing July 2.
Finley is represented by Kevin Hoerner of Belleville, Richard Burke of St. Louis and Paul Weiss of Chicago. CVS is represented by Robert Bassett and others.

Hoerner, Burke and Weiss are representing the lead plaintiff and proposed class in the Target. Bassett and others are representing Target.

In the Target matter, a hearing had been set before Young July 1. The documents from that hearing were not available as of Wednesday in the case file.

Buehlhorn is suing Target over its "Immunity Supplement" and what he claims is its ineffectiveness. Buehlhorn is also seeking damages of not more than $75,000 per class member, costs and attorneys' fees.

The CVS case is St. Clair case number 08-L-0616.

The Target case is St. Clair case number 08-L-0667.

Meat worker says job was cut after filing for work comp

Wed, 08 Jul 2009 17:34:00 CST

A Dupo man says he was wrongly fired from his job at Holten Meat after he filed for worker's compensation.

Charles Anderson filed a lawsuit June 29 in St. Clair Circuit Court against Holten Meat.

Anderson claims he was working on Feb. 25 when he injured his left hand.

"Plaintiff informed Defendant's agent of the injury he sustained," the complaint says. "Plaintiff exercised his rights under the Worker's Compensation Act, 820 ILCS 305/1 et seq., and began seeking medical treatment that same day."

However, Holten Meat fired Anderson from his job because he sought medical treatment and because he pursued a worker's compensation claim, according to the complaint.

Anderson is seeking compensatory damages of more than $50,000, plus unspecified punitive and exemplary damages, costs and other relief the court deems just.

Mark C. Scoggins, Clay B. St. Clair and Anthony P. Gilbreth of Crowder and Scoggins in Columbia will be representing him.

St. Clair County Circuit Court case number: 09-L-346.