Sprague

Park University filed a notice of removal in a local insurance company’s claim that it incurred printing and paper costs over unwanted advertisement faxes.

Plaintiff Warma, Witter, Kreisler, Gregov and Associates in O’Fallon filed two proposed class action lawsuits on Aug. 13 against Park University Enterprises, doing business as Fred Pryor Seminars, and Roadside Trailer Services.

Park University filed its removal notice Sept. 25 through attorneys Bart T. Murphy and Isaac J. Colunga of Ice Miller LLP in Lisle, arguing that federal court has jurisdiction over Telephone Consumer Protection Act (TCPA) claims, which the defendants are accused of violating.

In the complaint against Park University, Warma claims it received 11 fax advertisements featuring products and services from Park University between Feb. 13 and April 11.

An unwanted fax from Roadside was also received on Feb. 13, according to the complaint.

“On information and belief, defendants sent the same facsimiles to plaintiff and more than 39 other recipients without first receiving the recipients’ express permission or invitation,” the suit against Park University states. “This is based, in part, on the fact that plaintiff never gave permission to anyone to send the subject fax advertisement to it, and that sending advertisements by fax is a very cheap way to reach a wide audience.”

Warma also blames the defendants for failing to include a proper opt out notice in their advertisements, which were placed in tiny font at the very bottom of the pages they sent. Proper opt out notices, which allow businesses to choose not to receive the fax advertisements, are supposed to be large and clear, the insurance company says.

The defendants are also accused of violating the Illinois Consumer Fraud and Deceptive Business Practices Act by forcing the insurance company to incur costs without receiving anything in return, the suit states.

“Defendants’ practice effectively forced plaintiff and the other class members to pay for defendants’ advertising campaign,” the complaint states.

Warma seeks a class action status plus damages of $500 to $1,000 for each violation of TCPA and an injuction prohibiting the defendants from engaging in similar actions in the future.

St. Clair County Circuit Judge Robert LeChien scheduled a mandatory status conference for both cases for Nov. 12 at 9:30 a.m.

Phillip A. Bock, James M. Smith and Phillip J. Bullimore of Bock and Hatch in Chicago and Robert J. Sprague of Sprague and Urban in Belleville are representing the plaintiff.

St. Clair County Circuit Court case numbers 13-L-422 and 13-L-423

Hunsaker

A manufacturer of medical products filed a notice of removal in a patient’s lawsuit claiming she suffered damage to her vaginal lining and significant pain because of a faulty mesh product.

Defendant Johnson & Johnson filed the notice of removal to the U.S. District Court for the Southern District of Illinois in East St. Louis on Sept. 25.

The notice, filed through attorney Richard K. Hunsaker of Heyl, Royster, Voelker & Allen in Edwardsville, claims removal is proper because of diversity of citizenship and the amount in controversy exceeds $75,000.

Because Truex seeks a judgment of more than $150,000, the requirements for amount in controversy are met.

Hunsaker also claims the suit meets the requirements for diversity of citizenship because the plaintiff is a citizen of Texas, Johnson & Johnson is a citizen on New Jersey and Defendant Boston Scientific Corporation is a citizen of Delaware and Massachusetts.

According to the complaint filed Aug. 7, Maria Truex alleges doctors inserted an Obtruator TVT mesh Gynecare and Xenoform into her during a surgical procedure on Aug. 10, 2009. Defendants Johnson and Johnson and Boston Scientific manufactured the products; however, the mesh failed to function properly, the suit claims.

Truex claims the mesh allows for bacteria, fungus and yeast to adhere to it after it has been inserted into the uterus, which can cause immune reactions, extreme pain and the breakdown of the tissue.

The defendants have heavily promoted the product and misrepresented its hazards despite its tendency to cause pain and health risks, the suit states.

The mesh has a history of contracting once inside a woman’s body, resulting in taut sections of mesh causing extreme pain. Some women are required to undergo additional surgical procedures to repair the damage the mesh can allegedly cause, according to the complaint.

John J. Driscoll of The Driscoll Firm in St. Louis represents Truex.

St. Clair County Circuit Court case number 13-L-410

Cunningham

Two individuals injured in a Megabus crash are refuting responses from Bridgestone America’s Tire Operations (BATO) and Megabus in their St. Clair County lawsuit.

According to the complaint filed on May 30, Maurine Stellhorn and Freancisco Miranda were riding in a 2011 Van Hool double-decker bus on Aug. 2, 2012, southbound on I-55 near mile marker 57. The bus allegedly left the road and collided with a concrete bridge support pillar after experiencing an unexpected front tire blowout while traveling along the interstate.

According to media reports, defendant Preston L. Taylor, who was driving the bus, was a 25-year-old rookie whose trainer had accompanied him on the route.

The complaint alleges that the tires on the bus had inadequate bonding, inadequate belt edge protection, a propensity for tread separation, lacked adequate warnings, were improperly tested and were prone to an unreasonable risk of puncture and deflation.

Coach Leasing is also named a defendant because it owned the leased bus at the time of the accident.

Stellhorn and Miranda filed an opposition to Bridgestone’s motion to transfer venue on Oct. 15 through attorney Kevin A. Sullivan of Sauter Sullivan LLC in St. Louis, arguing that the venue is proper because St. Clair County is the proper county of residence for any defendant.

“The corporate defendants in this action are a ‘resident’ of St. Clair County if the defendant has its registered office in St. Clair County, has an ‘other office’ in St. Clair County, or ‘is doing business’ in St. Clair County,” the response states.

St. Clair County Circuit Judge Vincent Lopinot granted defendant Bridgestone Americas Tire Operations’ motion for leave to file an answer to plaintiff’s complaint on Sept. 17.

On. Oct. 18, Lopinot scheduled a motion hearing for Oct. 30 at 9 a.m. involving Bridgestone’s motion to transfer venue.

John W. Patton, Jr., John A. Ouska, and C. Zachary Vaughn of Patton & Ryan LLC in Chicago is representing Coach Leasing, Inc.

John P. Cunningham of Brown & James, P.C. in Belleville; and Colin P. Smith, Thomas R. Woodrow and Suzanne E. Rollier of Holland & Knight LLP in Chicago represent Bridgestone America’s Tire Operations, LLC.

St. Clair County Circuit Court case number 13-L-269

A girl and her mother are denying a bus company’s affirmative defenses in a lawsuit alleging the girl was injured in a school bus attack.

Fowler

Plaintiffs Cora Jackson and her daughter De’Ja Payne filed their response to First Student’s affirmative defenses on Sept. 24 through attorney Brian D. Kurth of Meyerkord & Meyerkord LLC in St. Louis.

According to the complaint, Payne was riding one of First Student’s buses on Jan. 11, 2011, when Nickeynon Banner allegedly teased her about her weight. Payne claims she asked Banner to leave her alone when Banner fist-punched Payne in the face about five times, the suit states. Both were students at West Junior High in Belleville at the time.

Banner had repeatedly taunted and bullied Payne in the months leading up to the attack, and the school, including the bus driver, was aware of Banner’s proclivity toward violence, the lawsuit alleges.

First Student and defendant Belleville Public School District #118 both denied the claims against them and blamed Payne’s own negligence in their responses.

The plaintiffs then countered by denying the school district’s affirmative defenses on Aug. 28.

Jackson and Payne seek a judgment of more than $50,000.

Meg L. Fowler and Katharine A. Aplington of HeplerBroom LLC in St. Louis represents First Student.

Joe Callahan of Rouse & Cary in St. Louis represents Belleville Public School District #118.

St. Clair County Circuit Court case number 13-L-327

Unsell

Kuehn

An attorney representing the plaintiff in a civil sexual abuse lawsuit argues that a denial introduced by defendant Thomas Lakin’s criminal defense attorney is “absurd.”

Thomas Q. Keefe, III of Keefe & Keefe in Belleville, co-counsel to East Alton attorney Ed Unsell in their client’s suit against Lakin, questions why Lakin attorney Ben Allen and not Lakin himself would submit an affidavit denying he sexually assaulted a minor.

“Could it be because he (Lakin) knows that filing a false affidavit is perjury, and perjury would violate the terms of his mandatory supervised release?” Keefe wrote Oct. 19 in an addendum to a motion for summary judgment against Lakin.

Keefe’s argument comes in response to an affidavit Allen filed in a seven-year-old civil case playing out in St. Clair County Circuit Court. The plaintiffs have sought summary judgment based upon a stipulated plea agreement Lakin entered into at a Madison County bench trial before former Circuit Judge Charles Romani on Oct. 25, 2011.

The Madison County trial followed Lakin’s 2008 federal conviction. Lakin pleaded guilty to cocaine possession, distribution to a person under 21, and maintaining drug involved premises.

In exchange for his plea, federal prosecutors dropped sex charges that could have carried life sentences.

The federal investigation that led to charges against Lakin was precipitated by the civil suit Unsell originally filed in Madison County in 2006.

Allen does not represent Lakin in the civil case. Lakin’s civil attorney Clyde Kuehn of Belleville attached Allen’s affidavit to the case docket on Oct. 3.

Both sides disagree about the meaning of Lakin’s plea agreement, which requires Lakin to register as a sex offender when he completes his prison sentence next month. 

In the affidavit, Allen states that Lakin agreed to register as a sex offender to defeat the civil suit.  He states that the agreement allows Lakin to maintain his innocence and that he “did not have to admit to anything.” He also indicated that the agreement would “ensure” no negative consequences related to the civil litigation.

“We stipulated that the state’s evidence if believed would be legally sufficient to establish the offense of aggravated criminal sexual abuse, and we allowed the court to render a finding of guilt on that basis without actually litigating any of the facts,”Allen wrote.

But Keefe argues that Lakin, through his attorney Allen, specifically stipulated at the bench trial:  “[T]he state and defendant herein stipulate to the truth of the following facts: That this offense occurred during and about April 2005 to October 2005; that during this time period L. Thomas Lakin … [and] (minor boy)… was 15 years old; that L. Thomas Lakin was a family friend of (the minor); that during this time period, while at the defendant’s home, 287 Oakley, East Alton, Illinois, Madison County, the defendant performed oral sex on (the minor).”

“If Mr. Lakin stipulated to a lie in open court, he should raise his right hand and say so,” Keefe wrote. “Until he does, summary judgment is appropriate. What happens after will be up to his parole officer.”

Keefe also argues that despite what Allen’s affidavit says, Allen did not indicate that the stipulation Romani offered was poorly phrased, he did not offer any clarification and did not ask for the phrase ‘to the truth’ be stricken during the hearing. Therefore, Lakin’s stipulation was not “uncertain,” Keefe wrote.

“Indeed, Mr. Allen goes on to say, ‘and I do acknowledge the state can and would and will, if necessary, produce that evidence and we’re willing to accept that as the evidence before the court,’” Keefe wrote.

“What could be clearer than that?

“These truths notwithstanding, Mr. Lakin now wants to suggest that he acknowledged the truth as being the truth not because it was true, but for alternative reasons. This is absurd.”

Allen’s affidavit also states that he had arrived at a basic understanding with state appellate prosecutor Charles Colburn “several years in advance of October 24, 2011″… ”about how we might mutually embrace a negotiated disposition that Tom Lakin would be willing to accept.”

Unsell said he “vehemently” denies that such an arrangement had been made between Allen and Colburn.

He said he had asked Colburn from “day one” whether there were any deals between him and Allen. He said that Colburn “steadfastly” denied any deal making every time he asked.

Unsell said the case, brought by a former Lakin employee who alleges her son was abused, has been dragged out long enough.

“I just want the judgment,” Unsell said.

He said the state’s dragging out of its case worked only to the advantage of the defendant.

“It got to the point where it was patently obvious that the criminal case was weakened every second that they delayed,” Unsell said.

When the state appointed Colburn as special prosecutor, Unsell said he came up with the idea to file a motion to stay the civil case because he trusted Colburn “to do the right thing.”

Unsell said he ended up subpoenaing Colburn and his boss in the civil case. He said the state’s motion to quash the subpoena was denied, and within weeks Colburn announced that an agreement was reached.

He filed a motion for summary judgment in 2011, arguing that Lakin’s bench trial and registration as a sex offender constituted an admission of liability.

“The whole argument is if it walks like a duck, quacks like a duck, is it a duck?” Unsell asked. “Is it an admission of guilt? And if it is, then we are entitled to a ruling.”

Kuehn wrote in opposition to the plaintiff’s motion for summary judgment on Oct. 2 that Lakin never pleaded guilty and should not be held liable in the civil case.

St. Clair County Associate Judge Heinz Rudolph continued oral arguments on summary judgment motions for Nov. 21 at 1:30 p.m.

Lakin will be released from a halfway house in St. Louis on Nov. 30.

St. Clair County Circuit Court case number 6-L-363

McDade

Eric Beckley of Centreville, suspect in the heroin ring that fed the habit of former St. Clair County judge Michael Cook, plans to plead guilty.

U.S. Magistrate Judge Stephen Williams posted notice on Oct. 22, that he would hear Beckley change his plea from not guilty at a hearing on Oct. 30.

District Judge David Herndon had set his trial for Nov. 4.

Federal agents arrested Beckley in January, after they watched heroin dealer Deborah Perkins stop at his home.

Agents seized heroin at his home and at Perkins’s home in Fairview Heights.

Grand jurors indicted Perkins, her son Douglas Oliver, and Beckley in February.

Agents arrested Sean McGilvery of Belleville and Cook in May, charging McGilvery with distribution of heroin and Cook with possession.

Prosecutors alleged that Oliver, Beckley and McGilvery distributed heroin under the direction of Perkins.

Perkins and Oliver pleaded guilty in August, and McGilvery pleaded guilty on Oct. 17.

They await sentencing.

Cook pleaded not guilty, but delayed his trial in order to negotiate with prosecutors. It is scheduled for Dec. 9 at federal court in East St. Louis before District Judge Joe Billy McDade from Peoria.

Gerard Noce

Schnucks has filed a third party complaint against its produce provider for allegedly selling it contaminated lettuce, resulting in two customers contracting E.coli.

According to the original complaint filed by Tiffany and Thomas Sinovic on March 4, Schnucks is blamed for causing food poisoning after Tiffany and her daughter Addison consumed romaine lettuce from the food bar on Oct. 19, 2011. They claim they were hospitalized for several days and later diagnosed with shiga toxin and the food borne illness E.coli.

Schnucks Markets, Inc. and all employee defendants filed their third party complaint on Oct. 17 through attorneys Gerard T. Noce, Michael Reda and Matthew Noce of HeplerBroom LLC in St. Louis against Vaughan Foods Inc.

Vaughan is described as an “Oklahoma corporation that processes and distributes fresh vegetables, among other items, to Schnucks’ to be sold at its retail locations.”

The Schnucks parties claim in their third party complaint that if they are found liable in the Sinovic complaint, then Vaughan should be held responsible to Schnucks.

“As part of the terms of the sales agreement with Schnucks, Vaughan agreed to indemnify and hold harmless Schnucks against any and all liabilities, claims, losses, damages, fines, penalties, costs and expenses,” the third party complaint states.

In the defendants’ two-count complaint, they bring warranty claims and contribution against Vaughan.

In Count I, the defendants claim, “Vaughan expressly warranted that the romaine lettuce it sold and delivered to Schnucks was safe for human consumptions and free of pathogens including but not limited to E.coli.”

In Count II, the defendants argue that Vaughan breached its duty to Schnucks to provide safe produce.

“Vaughan owed a duty to Schnucks to use reasonable care in the promotion, marketing, sale, growing, transportation and distribution of their romaine lettuce to ensure that the products did not infect ultimate consumers with E.coli or other dangerous pathogens,” the complaint states.

The defendants also claim there are entitled to contribution from Vaughan for liability.

St. Clair County Circuit Judge Andrew Gleeson granted the Sinovics’ motion to leave to file an amended complaint to add additional parties on Oct. 15.

Schnucks previously demanded a jury trial.

The Sinovics seeks a judgment of more than $50,000.

Thomas R. Ysursa of Belleville represents the Sinovics.

An attorney for Vaughan Foods has not yet been identified.

St. Clair County Circuit Court case number 13-L-123

Driscoll

A medical manufacturer blamed for creating a mesh product that allegedly eroded a woman’s vaginal lining filed a notice of removal to District Court in East St. Louis.

Defendant Coloplast Corp., represented by Jennifer Jerit Johnson and Si-Yong Yi of Tressler LLP in Chicago, filed the notice of removal on Sept. 13.

Coloplast claims the complete diversity of citizenship requirement is met because it is a citizen of Delaware and Minnesota while the plaintiff is a citizen of Illinois.

It also argues that the amount in controversy exceeds $75,000, satisfying the requirement.

According to the complaint filed on Aug. 9, Carol Miller-Willis claims doctors inserted Coloplast’s Aris-Transobturator Sling System into her during a surgical procedure on June 28, 2005.

“These products are specifically promoted to physicians and patients as an innovative, minimally invasive procedure with minimal local tissue reactions, minimal tissue trauma and minimal pain while correcting vaginal prolapsed, stress urinary incontinence, pelvic organ prolapsed and rectocele,” the complaint states.

However, Miller-Willis claims the mesh failed to function properly and eroded her vaginal lining, the lawsuit alleges.

Miller-Willis had to undergo multiple surgeries to correct the damage, but later discovered her injuries were a result of the mesh, she claims.

The plaintiff blames Coloplast for designing a defective product that causes an immune reaction and causes adverse reactions because it is inserted into a portion of the body with high amounts of yeast and bacteria while requiring a physician to insert the device blindly.

John J. Driscoll of The Driscoll Law Firm represents Miller-Willis.

St. Clair County Circuit Court case number 13-L-418

Watson

On the lamb in St. Clair County?

Citizens with outstanding warrants or fines in traffic, misdemeanor, ordinance or Metrolink offenses are being given an opportunity to clean their slate.

According to a press release issued from the State’s Attorney’s office, offenders can talk with prosecutors and judges to arrange for final dispositions of these cases, including new court settings, community service or dismissal at the event being held at Avant Elementary School from 9 a.m. to noon on Nov. 2.

Dubbed the “Clean Slate Day,” the event will be attended by St. Clair County judges, Circuit Clerk Kahalah Clay, Sherriff Richard Watson and State’s Attorney Brendan Kelly.

Those with warrants in the listed areas only will not be arrested and the warrants will be quashed.

Anyone planning to attend is asked to bring identification to expedite the process.

The event is not for persons with federal or felony, child support warrants or pending cases or domestic violence cases.

Cases outside of St. Clair County will not be considered.

The event is being held at the request of Mayor Anne Rogers and is part of the efforts by county and village officials to improve the quality of life in Washington Park by giving citizens a chance to become compliant with the law, the release states.

Avant Elementary School is located at 1915 North 55^th St.

Toennies

St. Clair County Circuit Judge Andrew Gleeson continued a motion hearing involving Comcast Cable Holdings’ motion for judgment in a lawsuit filed by LW Systems.

Comcast’s motion for judgment was filed on Sept. 27 through attorney Andrew G. Toennies of Lashly & Baer PC in Belleville.

According to the motion, Gleeson ordered LW Systems to pay Comcast $17,625 on Aug. 7 after the lawsuit was dismissed for expenses the company incurred in responding to the plaintiff’s subpoenas. Comcast wants to convert the order to a judgment against LW Systems and requests relief from the court.

The suit filed in January accused defendant Christopher Hubbard and his alleged co-conspirators of hacking into LW Systems’ computer system – which hosts and delivers contect to adult Web site operators.

St. Clair County Chief Judge John Baricivic signed an agreed discovery not long after the case was filed allowing LW Systems and its counsel to subpoena personal information associated with certain Internet Protocol (IP) addresses from 325 Internet Service Providers (ISPs).

Even though the case has been dismissed, several of those ISPs have filed motions for sanctions against LW Systems claiming they were harassed and intimidated with subpoenas.

Gleeson ordered LW Systems to make no further or additional use of the information and prohibited the plaintiff and its counsel from contacting subscribers.

LW Systems is represented by Kevin Hoerner of Belleville and Pau Duffy of Chicago.

Hubbard is represented by Adam E. Urbancyzk of Chicago.

The hearing is reset to Nov. 13 at 9 a.m.

St. Clair County Circuit Court case number 13-L-15

Defendants accused of firing an employee after he told his supervisor about allegedly illegal payments to fellow workers have denied allegations in the St. Clair County lawsuit.

According to the complaint filed on July 26, Joe Ciofu worked for defendant EVJO LLC, doing business as Jersey Mike’s Subs, on Green Mount Crossing. While there, Ciofu alleges he learned the company was paying employees cash for overtime hours to avoid paying taxes on those wages. He claims he was fired when he reported the illegal actions to his supervisor, defendant Greg Potter, in July 2012.

Ciofu also claims Potter required him to sign a resignation letter that he had written for Ciofu and threatened to withhold his last paycheck, deny any claim of unemployment benefits and make sure Ciofu never worked at any other Jersey Mike’s Subs shop if he refused to sign the letter, the suit states.

Ciofu claims he refused to sign the letter despite the alleged threats and attempted to get other jobs within the company, but Potter allegedly told potential employers that Ciofu was fired for stealing from the O’Fallon Jersey Mike’s. He also claims Potter made the same remarks to an unemployment compensation hearing officer, allegedly robbing him of jobs and benefits.

Defendants EVJO LLC and Potter filed an answer to the complaint on Sept. 12 through attorney Bharat Varadachari of HeplerBroom LLC in Edwardsville, denying the allegations against it and demanding a trial by jury.

In addition to the answer, defendants filed 22 affirmative defenses against the plaintiff blaming him of failing to state a cause of action and claiming the defendant acted in good faith and terminated the plaintiff on legitimate business reasons, among others.

Ciofu filed a response to the affirmative defenses on Sept. 18 through attorneys Michael J. Brunton and Mary M. Stewart of Brunton Law Offices, PC in Collinsville, denying the defenses.

On Oct. 8, attorney Varadachari filed a motion for withdrawal and substitution of counsel. Attorneys Beth C. Boggs and Michael J. Lach of Boggs, Avellino, Lach & Boggs LLC in St. Louis entered their appearance on behalf of the defendants. The motion has not yet been granted.

Ciofu seeks a judgment of more than $200,000.

St. Clair County Circuit Judge Andrew Gleeson scheduled a mandatory status conference for Nov. 25 at 9 a.m.

St. Clair County Circuit Court case number 13-L-393

October 14, 2013

• Nationstar Mortgage V. Lisa Adams, Frank Adams, $127,226.77, 2201 South 11^th Street, Belleville. 13-CH-879

October 15, 2013

• U.S. Bank V. Kelvin Pugh, Darleen Pugh, $116,156.72, 1935 Celebration Park Circle, Belleville. 13-CH-880

October 16, 2013

• First Collinsville Bank V. Merindia Robinson, Artarindia Alexander, Donald J. Johnson, $89,999.51, 1421 Suttle Court, Cahokia. 13-CH-886

October 14, 2013

Belleville

• $39,800- 109 Sumter Dr.- Secretary of Housing and Urban Development to Trevon L. Mosley Sr.
• $5,000- 525 Winslow- Dolores I. Phillips to Robert D. Kopp and Lori L. Kopp
• $30,000- 4064 Shiloh Station Road East- George C. Sibert to Sanman Properties LTD.
• $45,000- 906 N. 17^th Street- CP-SRMOF II 2012-A Trust to Michael D. Staub
• $175,000- 2915 Turkey Hill Lane- C. Ann Rubin to Danny S. Lane II and Amy Lane

Cahokia

• $10,000- 1219 Julie Avenue- The Secretary of Housing and Urban Development to Shih Enterprises LLC

Columbia

• $48,000- 840 Autumn Rise Lane- F & F Land Company LLC to Jared A. Simmons and Michelle L. Simmons

Dupo

• $95,000- 112 N. 7^th Street- The Estate of Ruby Elnora Dungan to Allen D. Phelps

East St. Louis

• $10,000- 2563 Waverly- Ardella M. Lovelace and Edgar Berry to George W. Miller
• $39,500- 2916 Renshaw- Estate of Ollie Rice Jackson to Lonnie Banks and Elizabeth Banks

Fairview Heights

• $154,500- 301 Jubaka Drive- Shirley J. Sediak to Michael V. Yingst and Marcia Farrow Yingst
• $185,000- 207 Brittany Drive- Steven M. Taylor and Annette L. Taylor to David R. Schlau and Dorothy J. Schlau

Mascoutah

• $247,000- 1212 Gulfstream Way- New Tradition Homes LLC to John A. Aldredge IV

Millstadt

• $198,000- 6605 Augies Way Place- Gary A. Cranmer and Patricia M. Cranmer to Kiwan P. Guyton and Karen C. Butler

Smithton

• $78,000- 502 South Hickory Street- Joyce Tipton to Ryan Thessing

Swansea

• $60,500- 1810 Ambrose Terrace Drive- Gholnecsar Muhammad to Maher and Wafa Mahmood

Waterloo

• $55,000- 417 Old Floraville Road- Randall J. Buss to Sean P. Fitzgerald and Kayla A. Amann

October 15, 2013

Belleville

• $25,000- 23 Garnette Drive- James E. Schrad and Janet K. Schrad to Stanley D. Templeton Jr. and Sherrie A. Schrad
• $26,750- 137 Iowa Avenue- Local Union No. 101 of the United Association to Thomas L. Kiefer and Roberta L. Kiefer

Cahokia

• $10,000- 403 Green Street- Nancy K. Peterson to Elite Properties Investments LLC
• $48,272- 410 Jerome Lane- Judicial Sales Corporation to The Secretary of Housing and Urban Development

East Carondelet

• $148,000- 1563 Imbs Station Road- The Lara A. Watterson Living Trust to Jimmy G. Mantz and Judith R. Mantz

Fairview Heights

• $110,600- 1 Bountiful Drive- Kerley Properties LLC to Robert T. Guenther II and Dawn P. Guenther

Freeburg

• $238,000- 491 Marketplace Drive- Freeburg Development Corporation to O’Reilly Automotive Stores INC.
• $21,000- 104 N. Walnut St.- James D. Huffman Jr. and Kathleen A. Huffman to Terry L. Feazel Sr. and Tracy A. Feazel

Mascoutah

• $7,370- 0 Harper Road- Madonna Land Trust to Mascoutah Surface Water Protection District
• $20,000- 209 East South Street- Jeannette Materkowski to Dale P. Vogel

O’Fallon

• $225,000- 860 Allenbrook Avenue- Gerald C. Rawle to Jeremy J. Stuursma
• $197,659- 936 Sturbridge Trail- McBride Stone Briar LLC to Robert J. and Penny K. Swanson
• $137,000- 1203 Princeton Drive- Keena Tomlinson to Zachary and Gwyn Mais
• $339,788- 720 Thoreau Drive- Huntington Chase Homes Corporation to Thomas W. Borsch and Jennifer L. Borsch
• $342,000- 629 Longfellow Drive- Richard and Claudia Vanthiel to Edward D. Knell Jr.
• $215,000- 1210 Marshal Court- Scott Anger and Robin Anger to Jeffrey Lightfoot and Tisha Lightfoot

Shiloh

• $245,000- 2578 London Lane- JLP Construction Co. to James H. Buchheit and Julie M. Buchheit

October 16, 2013

Belleville

• $23,310- 2 N Woodcrest Dr.- Federal National Mortgage Association to Jordan P. Powell and Donna M. Bullock
• $172,500- 508 Oak Hill Drive- Dennis P. Schank to Jeff Pollock and Amy Pollock
• $455,000- 2437 Park Road- Y.M.C.A of Southwest Illinois to Meurer LLC
• $13,786- 710 Freeburg Street- Federal National Mortgage Association to Harbour Portfolio VII LP

Cahokia

• $7,000- 50 Drexel Drive- Bank of America to Metro Property Partners LLC

East St. Louis

• $3,002- 1415 N 54^th St.- Federal National Mortgage Association to Harbour Portfolio VII LP

Fairview Heights

• $80,000- 10306 Lincoln Trail- Brian Safarian and David Safarian to Victory Church- St. Louis INC.
• $50,000- 310 Coates Drive- Richard Clark Gould to Jill Pirtle

Mascoutah

• $175,000- 840 Topaz Court- C.P.R. Properties LLC to Cindy L. Harlan
• $145,000- 208 North 7^th Street- Jennifer L. Meddows to Marilyn Norwood

Millstadt

• $194,500- 3310 Diamond View Court- Garrett E. and Herschel E. Johnson to Timothy G. Heisler and Jerry L. Pierce
• $247,500- 518 W. Laurel Street- Michael L. Kohnen and Kimberly Thomas to Michael R. Farms Revocable Trust

O’Fallon

• $171,000- 103 Hodgens Mill- The Secretary of Veterans Affairs to Kevin and Megan Schaeffer
• $429,900- 1630/1634 Mary Todd Lane- Jared R. Baughman and Julie Baughman to Billie H. Heil and Barbara E. Heil
• $75,000- 528 Willow Bend Lake- Meise Brothers Construction INC. to Larry Eckert and Deborah Eckert
• $1,631,138- 208-210 Hartman Lane- H W Investments Group INC. to Retail Place LLC

Smithton

• $219,500- 4502 Elk Meadows- Ricky J. Oliver and Earlene S. Oliver Living Trust to Dale R. Goldsmith and Linda L. Goldsmith

Swansea

• $127,500- 5 Brian Dr.- John Hunsaker to Harry Michael Parsons and Elizabeth Parsons

October 17, 2013

Belleville

• $52,000- 6 Fox Creek Rd.- Sovereign Bank to My Father’s Work INC.
• $56,000- 400 Hillcrest Drive- Federal National Mortgage Association to David Winter and Jamie Winter

Cahokia

• $10,000- 120 Kinder Street- Eric Knaust to Richard Bricker

Dupo

• $40,000- 520 N. Second Street- Larry G. and Deborah L. Helton to BKC-Properties LLC
• $98,000- 658 Manan Drive- Kyler Lehmann and McKenzie Lehmann to Torna Williams and John Williams 

East St. Louis

• $90,000- 2930 N. 61^st St.- Ronald Mueller Jr. and Brandy Mueller to Michael Kokotovich and Amelia P. Kokotovich

Lebanon

• $180,000- 715 West St. Louis Street- Scotty Abner and Heather Abner to McKendree University

O’Fallon

• $157,000- 311 Emily Drive- Luke Field to Jennine N. Littlefield
• $500,000- 108 E. Washington St.- City of O’Fallon to Valentine Capital LLC

October 18, 2013

Belleville

• $151,000- 115 Foxbrush Drive- U.S. Bank to Kyle R. Burke and Heather M. Burke
• $24,000- 109 S. 31^st Street- Federal Home Loan Mortgage Corporation to Ryan Kolb
• $29,200- 1527 N. Charles St.- Secretary of Housing and Urban Development to Tygracon Properties INC.
• $165,000- 2660 Brookmeadow Drive- Jesse and Geraldine Stanley to David and Rozann Lattin
• $122,000- 2023 Woodsong Way Lane- Eric Nesler to George and Dyan Biehl

East St. Louis

• $9,900- 1632 Central Avenue- The Private Sales Corporation to The Secretary of Housing and Urban Development

Fairview Heights

• $21,120- 2 Susan Court- The Private Sales Corporation to The Secretary of Housing and Urban Development

Mascoutah

• $129,360- 1215 Larkspur Dr.- The Judicial Sales Corporation to The Secretary of Housing and Urban Development

O’Fallon

$160,000- 1234 Illini Drive- Fannie Mae to Curan L. Clonch and Kristen N. Clonch

Reitz

Norfolk Southern seeks to transfer a train engineer’s personal injury lawsuit to Macon County.

According to the complaint filed on May 30, plaintiff Michael Boaz claims he was working as a locomotive engineer when he attempted to release a hand brake in Norfolk Southern’s Madison yard on March 9. When he went to pull on the brake, he alleges the brake was not in working order, causing him to suffer an injury.

In his suit, Boaz blames Norfolk Southern for causing his injuries, saying it violated the Locomotive Inspection Act by allowing a malfunctioning train hand brake to be used on its train and by failing to provide proper components on a locomotive that endangered the safety of the crew.

Norfolk Southern filed a motion to transfer on Sept. 13 through attorneys Kurt E. Reitz and Misty L. Edwards of Belleville.

“Plaintiff filed this action in St. Clair County, Illinois, despite the fact that plaintiff does not live here, his alleged injury did not occur here, his medical treatment did not occur here and no known fact witnesses are located here,” the motion states. “Rather, the majority of relevant contacts and interests in this case are located in and around Macon County, where plaintiff lives.”

It argues that the injury occurred in Madison County, but the plaintiff road home to Macon County where he reported the incident.

In a memorandum of law filed Sept. 13, Norfolk Southern argues that the case should be transferred based on forum non conveniens.

The defendant blames the plaintiff of partaking in “’forum shopping to suit his individual interests.’”

St. Clair County Circuit Judge Vincent Lopinot scheduled a status conference for Dec. 9 at 9 a.m.

John P. Kujawski of Kujawski Marcus in O’Fallon is representing Boaz.

St. Clair County Circuit Court case number 13-L-271

Clyde Kuehn

Former St. Clair County probation officer James Fogarty, alleged cocaine supplier for the late judge Joe Christ, plans to plead guilty to selling the drug.

U.S. District Judge Michael Reagan posted notice on Oct. 24, that he would hear Fogarty change his plea from not guilty on Wednesday, Nov. 6.

Reagan had set his trial for Nov. 18.

Drug agents confronted Fogarty at his home on May 22, and showed him text messages he had received from Christ.

Federal prosecutors charged that Fogarty possessed cocaine with intent to distribute it and that he possessed a firearm while using cocaine.

Fogarty’s lawyer, Clyde Kuehn of Belleville, argued in June that someone else might have provided the cocaine that killed Christ.

At a detention hearing, Kuehn said Christ allegedly received 1.5 grams of cocaine from Fogarty on the Friday before he died.

Kuehn said Christ would have metabolized that amount by the following Sunday, when he died in the Pike County hunting lodge of Belleville lawyer Bruce Cook.

Assistant U.S. attorney James Porter sought to detain Fogarty without bond, calling his actions “a jaw dropping extraordinary breach of trust for the courts of St. Clair County.”

Magistrate Judge Stephen Williams released Fogarty on $10,000 bond, finding he recognized the seriousness of the offense and the scrutiny he is under.

Reagan set trial for Aug. 26, but Fogarty requested a delay on July 31. Defense lawyer Justin Kuehn, son of Clyde, wrote that he anticipated a plea agreement.

He wrote that he was reviewing reams of telephone records.

Porter did not object to a delay, and Reagan granted it.

In August, Chief Judge John Baricevic said he reviewed all of Fogarty’s files and found no cause to believe he misused his position.

“So far there doesn’t appear to be any indication that he wasn’t doing his job appropriately,” Baricevic said.

He said he sent the information to federal prosecutors.

“They have information we don’t have and shouldn’t have,” Baricevic said.

Gori

Another asbestos lawsuit has been added to St. Clair County’s asbestos docket.

Arlon J. Hobbs filed an asbestos lawsuit Sept. 30 in St. Clair County Circuit Court against 63 defendant corporations. Hobbs does not specify where he resides.

He is represented by Randy L. Gori and Barry Julian of Gori, Julian and Associates in Edwardsville.

In his complaint, Hobbs alleges the defendant companies caused him to develop lung cancer after his exposure to asbestos-containing products throughout his career.

Hobbs worked as a die maintenance worker at General Motors from 1950 until 1956 and from 1960 until 1961, as a furnace builder at Tip Welch Die Casting from 1957 until 1961, as a maintenance worker at Acme Brick from 1962 until 1964, as a maintenance worker at Curtis Mathes from 1964 until 1965, as a maintenance worker and furnace builder at Glenvale Die Casting from 1965 until 1972 and as a self-employed general maintenance worker from 1972 until 2012, according to the complaint.

The defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety, the suit states.

As a result of his asbestos-related diseases, Hobbs became disabled and disfigured, incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, he was prevented from pursuing his normal course of employment and, as a result, lost large sums of money that would have accrued to him, the plaintiff claims.

In his three-count complaint, Hobbs is seeking a judgment of more than $150,000.

St. Clair County Circuit Court case numbers: 13-L-503.

Steven Katzman

A second lawsuit has been filed in connection with the accident that occurred after an East St. Louis police officer left his vehicle unlocked, allowing an allegedly intoxicated man to climb into it and operate it, causing multiple collisions that resulted in at least one death.

Reginald Quarles claims his mother, Maxsimillion Quarles, died after Ricky Raper stole a police vehicle and violently collided with his mother’s 2001 Mercury Sable.

Raper was able to steal the vehicle on Oct. 3, 2012, following an incident at a Metro bus stop. Raper had attempted to board a bus at about 8:15 a.m., but failed to pay the required bus fare. The bus driver then repeatedly requested that Raper either pay the fare or leave the bus, but Raper was not willing to do either, according to the complaint filed Sept. 30 in St. Clair County Circuit Court.

At about 8:30 a.m., East St. Louis police officer defendant Rodell Andrews arrived at the scene and parked his squad car immediately behind the bus, the suit states. Without shutting off the police car or locking its doors, Andrews boarded the bus and approached Raper, who appeared to be under the influence of alcohol and/or drugs, the complaint says.

Raper was allowed to leave the bus and began to walk away from the vehicle, but then entered the police car, Reginald Quarles claims. From there, Raper put the squad car into drive and violently collided with two vehicles, one of which was Maxsimillion Quarles, according to the complaint.

Because of his mother’s death, Reginald Quarles lost her services, society, companionship, consortium, love and companionship, the suit states. He also incurred funeral and burial costs, the complaint says.

Reginald Quarles blames Andrews for allowing the accident to occur, saying he failed to shut off the squad car’s engine, failed to remove the keys from the ignition, failed to lock the ignition, failed to lock all of the squad car doors after exiting the squad car and failed to otherwise secure the doors, among other negligent acts.

He also names the city of East St. Louis as a defendant, saying it negligently failed to properly perform proper maintenance on its police vehicles, failed to install a run-lock ignition in its police vehicles, failed to implement a plan to prevent marked police vehicles from being stolen, failed to follow its own policies and procedures regarding vehicle safety and maintenance, failed to adequately and properly supervise its employees and failed to train its employees to follow protocol.

In addition to Andrews and East St. Louis, Reginald Quarles names Raper as a defendant, saying he negligently stole a police car, drove the stolen vehicle into the back of the Sable, failed to keep the vehicle under proper control, failed to maintain a proper lookout for other vehicles, drove in an unsafe manner, drove too fast, failed to take evasive action to avoid a collision, failed to warn of his impending approach by sounding his horn, drove too closely to the Sable, rear-ended the Sable and failed to remain in his proper lane.

In his complaint, Reginald Quarles is seeking a judgment of more than $1.15 million, plus costs and other relief the court deems just.

Hobbs will be represented by Steven E. Katzman and Daniel C. Katzman of Katzman and Sugden in Belleville.

Another lawsuit over the incident was filed in June by plaintiff Johnnie L. Bosley, Jr. who claims a lung injury after he was struck in his vehicle by the eluding Raper.

St. Clair County Circuit Court case number: 13-L-504.

Christ

Cook

EAST ST. LOUIS – Augustus Stacker of Belleville has confessed that he supplied the cocaine that probation officer James Fogarty sold to the late judge Joe Christ and others.

Stacker pleaded guilty in federal court on Oct. 18, to a charge of distributing a mixture or substance containing cocaine.

Stacker and U.S. Attorney Stephen Wigginton stipulated that he purchased cocaine from persons in the Southern District of Illinois and redistributed it to Fogarty.

“One such transaction was captured on audio recordings as Fogarty arranged for Stacker to deliver cocaine to him,” they stipulated.

The transaction occurred on May 23, a day after drug agents arrested Fogarty.

After his arrest, Fogarty told federal agents that he sold cocaine to Christ a day before Christ and former Circuit Judge Michael Cook went to a hunting lodge in March in Pike County. Christ was a long time St. Clair County assistant prosecutor who had only been a judge for about a week when he died March 10 of cocaine toxicity at the lodge owned by Cook’s father, Belleville attorney Bruce Cook. Michael Cook was charged May 24 with possession of heroin and being an unlawful user of a controlled substance in possession of firearms. He entered a not guilty plea to both charges. He stepped down from the bench shortly after charges were filed and entered into a drug treatment facility. He awaits trial Dec. 9.

Grand jurors indicted Stacker on Aug. 21.

He pleaded not guilty on Aug. 29, and Magistrate Judge Clifford Proud released him on $10,000 bond.

On Oct. 16, public defender Todd Schultz called off a trial that Chief Judge David Herndon would have held on Nov. 4.

Magistrate Judge Stephen Williams accepted Stacker’s guilty plea two days later.

Williams denied the government’s motion to detain Stacker without bond.

Herndon set his sentencing Jan. 31.

Stacker’s plea agreement shows convictions for retail theft in 2005, and failure to pay child support in 2009.

He currently faces a St. Clair County felony charge of unlawfully taking an absentee ballot of a voter for deposit into the mail.

Grand jurors indicted him on the charge in June, and he pleaded not guilty in July.

Circuit Judge Jan Fiss set a hearing for him on Nov. 12.

Fogarty plans to plead guilty of cocaine distribution on Nov. 6.

Ball

A pharmaceutical company has filed a notice of removal for five lawsuits alleging its blood thinner Pradaxa caused their relatives’ deaths.

Plaintiffs Sherry Browne, Ruby Burks, Meredith Davis, Janis Randman and Janice Sanchez filed five separate lawsuits on Sept. 13 against defendants Boehringer Ingelheim Pharmaceuticals (BIPI), Boehringer Ingelheim Pharma GmbH & Co. and Bidachem.

Davis (13-L-467) filed a motion for voluntary dismissal without prejudice on Oct. 1 through attorney John J. Driscoll of St. Louis.

BIPI, represented by Dan H. Ball and Molly M. Jones of Bryan Cave LLP in St. Louis, filed their notice of removal for the remaining four cases to U.S. District Court for the Southern District of Illinois in East St. Louis on Oct. 3.

According to the motion, the defendant claims removal is proper due to the complete diversity of citizenship. BIPI is a citizen of Delaware and Connecticut currently and at the time of the alleged incident, Boehringer Ingelheim Pharma GmbH & Co. KG is a citizen of Germany and Bidchem S.P.A. is a citizen of Italy.

The defendant also claims it satisfies the required amount in controversy for removal. It alleges the amount in controversy exceeds $75,000.

According to the plaintiffs’ complaints, some allege their relatives died within months of taking Pradaxa, while others claim the chronic bleeding the drug caused required them to receive blood transfusions to prevent death.

Pradaxa is used to treat atrial fibrillation, a condition marked by an irregular heartbeat. The condition causes the heart to have erratic rhythms, which forms blood clots that can travel to the lungs or brain and can cause life-threatening conditions.

The drug was launched in North America in 2010 and skyrocketed by 2011, the suit states. It appeared to be an ideal replacement for the medication Coumadin. However, there is no known antidote to treat patients when too much medication is found in their blood, the suit alleges.

The plaintiffs allege they were unaware of the dangers and the defendants still fail to adequately caution the public of the risks.

The plaintiffs seek actual and punitive damages, costs, pre-judgment interest at the highest rate allowed by law and other relief the court deems just.

John J. Driscoll of The Driscoll Law Firm is representing all of the plaintiffs.

St. Clair County Circuit Court case number 13-L-466.13-L-467, 13-L-468, 13-L-469, 13-L-470

St. Clair County Circuit Judge Robert LeChien scheduled a mandatory status

Cates

conference in a lawsuit against a popular Fairview Heights clothing store for allegedly videotaping women in the dressing room without their knowledge.

LeChien set the status conference for Dec. 10 at 9:30 a.m.

According to the complaint, plaintiffs Trania Pawnell, Kimberly Stacker and Jamie Manske filed a putative class action lawsuit against Body Central Stores, claiming it video recorded them and other women in the changing rooms.

Because the women claim they did not give consent to be videotaped, Body Central’s actions were unauthorized and illegal, the suit states.

“As a direct and proximate result of defendant’s intrusion upon the privacy of the individual plaintiffs while each was in a changing room, plaintiffs have suffered embarrassment, mental anguish and emotional distress,” the suit states.

The women seek unspecified compensatory and statutory damages, injunctive relief, costs, pre and post-judgment interest and any other relief the court deems just.

David I. Cates and Ryan J. Mahoney of Cates Mahoney in Swansea is representing the plaintiffs.

An attorney for the defendant has not yet been identified.

St. Clair County Circuit Court case number 13-L-451