Two people have filed suit against the Centreville bar and the patrons who they claim attacked them.

Amy and Ryan Morales claim they were visiting Mad Dogs Bar on Dec. 30 when defendants Brian Spry, Douglas Luksza, Trenton Schegel and Jenny Rambo attacked the couple.

Because of the incident, the Moraleses  were severely injured, suffered severe and permanently disabling injuries and endured great pain and mental anguish, according to the complaint filed Sept. 30 in St. Clair County Circuit Court. In addition, the Moraleses lost wages, the suit states.

In addition to the people who attacked them, the couple blames Mad Dogs Bar for causing their injuries, saying it negligently failed to warn them that their health could be in danger, failed to ensure that the property was safe, failed to prevent the defendants from entering the property when they knew that they had been involved in violent altercations and failed to rescue the Morales from imminent danger.

In their complaint, the plaintiffs are seeking a judgment of more than $400,000, plus costs.

Charles J. Baricevic of Chatham and Baricevic in Swansea will be representing them.

St. Clair County Circuit Court case number: 11-L-502.

A man blames the gym where he was training in martial arts for causing his injury after he kicked a “heavy bag.”

Sydney Mulder of St. Clair County claims he suffered an unspecified injury when he kicked a “heavy bag” while he was in the midst of martial arts training at an O’Fallon Gold’s Gym, which was owned by defendant GGI Holdings. Mulder contends the gym should have warned him of the danger of kicking the punching bag. The alleged incident occurred on Oct. 14, 2011.

In addition to his injury, Mulder experienced pain and suffering, endured disability, incurred medical costs and lost wages, according to the complaint filed Sept. 20 in St. Clair County Circuit Court.

Mulder blames GGI Holdings for causing his injuries, saying it negligently failed to maintain its premises, failed to warn of hazardous conditions and allowed the heavy bag to be present when it knew it could cause injuries during martial arts training.

Mulder is seeking a judgment of more than $50,000, plus other relief the court deems just.

Blake G. Meinders of Belleville will be representing him.

St. Clair County Circuit Court case number: 13-L-485.

Bartholomew

A man claims he suffered from a perforated bowel after doctors failed to diagnose a stent that had moved from its proper place in his body.

Robbin and Pauletta Foltz filed a lawsuit Oct. 1 in St. Clair County Circuit Court against St. Mary’s Good Samaritan Hospital and Drs. Scott Roustio and Tom Martin.

In their complaint, the Foltzes allege the esophageal stent, which had been placed inside Robbin Foltz, moved within his body, causing him to suffer a perforated bowel.

Because of the migrating stent, Robbin Foltz also experienced pain and suffering, lost his enjoyment of a normal life and incurred medical costs, according to the complaint.

Pauletta Foltz claims she lost her husband’s consortium because of his injuries.

The Foltzes blame the doctors for causing Robbin Foltz’s injuries, saying they negligently failed to diagnose the migrated stent.

In their complaint, the Foltzes seek a judgment of more than $400,000, plus costs.

Joseph A. Bartholomew of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing them.

St. Clair County Circuit Court case number: 13-L-505.

Yohn

The mother of a 12-year-old girl claims her daughter continues to battle eating disorders and suicidal thoughts after she was subjected to years of sexual assault at the hands of her father. The girl’s father also posted inappropriate pictures of her online, according to recently filed court documents.

The mother, identified only as Mary Doe, filed a lawsuit Sept. 24 in St. Clair County Circuit Court against Richard K. Yohn.

Yohn was arrested by Belvidere, Ill. police in April 2010 and charged with 95 counts of aggravated child pornography and a weapons charge. In July 2012, he pleaded guilty to possessing child pornography in U.S. District Court for the Northern District of Illinois. He was sentenced to 10 years in prison.

In her complaint, Mary Doe alleges Yohn began to sexually assault and batter their daughter, identified as Jane Doe, beginning in 2006 when she was six years old. The abuse continued until March 2010, according to the complaint.

“During the course of the sexual assault and battery and abuse described above, defendant intentionally and maliciously threatened the plaintiff with great bodily harm, causing her to be in fear for her life, and further, inflicted injury on the plaintiff through intentional, malicious, unjustified, harmful, and offensive sexual contact without plaintiff’s consent,” the suit states.

Not only did Yohn sexually assault and abuse Jane Doe, but he also posed her for photographs, which he later placed online, the complaint says.

“Defendant made plaintiff undress, posed her in a sexual manner, and then photographed her; he thereafter publicly disclosed those photographs by distributing them on the Internet,” the suit states.

Because of the continued and repeated sexual assault, Jane Doe has suffered academically, endured depression and low self-esteem and is battling suicidal tendencies, the complaint says. Her mother claims she also has suffered physical and psychological trauma, experienced pain and suffering, endured severe mental anguish and lost her capacity to enjoy life. The abuse has caused Jane Doe to suffer emotional distress, has caused her to be unable to function normally in social situations, to fear physical contact, to be unable to trust others, to have difficulty in forming meaningful relationships, to fear intimacy and sexual contacts and to develop eating disorders, according to the complaint.

In an effort to treat her daughter’s psychological trauma, Mary Doe has incurred medical costs for psychological and psychiatric therapy, the suit states.

Mary Doe alleges intentional and negligent infliction of emotional distress and invasion of privacy against Yohn.

In her complaint, Mary Doe seeks a judgment of more than $40 million, a protective order prohibiting Yohn from contacting or harassing Jane Doe, costs and other relief the court deems just.

Benjamin R. Schmickle, J. Joseph Kusmierczak and Matthew C. Morris of SWMK Law in St. Louis will be representing her.

St. Clair County Circuit Court case number: 13-L-495.

Haida

St. Clair County Circuit Judge Robert Haida granted a new trial today to murder suspect Gregory Muse, who challenged his conviction by a jury in the court of heroin addict Michael Cook.

At a hearing on Oct. 30, Haida said, “I cannot say with the certainty that I need that Gregory Muse received a fair trial.”

Haida had previously granted a new trial to William Cosby, another murder suspect who stood trial in Cook’s court.

Cook presided over Muse’s trial on March 12 and 13, two and three days after he found the dead body of judge Joe Christ in the Cook family hunting lodge near Pittsfield.

Public defender Erin Conner moved for a new trial in April.

In May, drug agents arrested Cook and charged him with heroin possession.

In August, Conner amended Muse’s motion to claim Cook’s addiction tainted the trial.

She argued that State’s Attorney Brendan Kelly should have disclosed to Muse that federal prosecutors were investigating Cook.

Conner also argued that Kelly should have filed motions to continue the trial and substitute another judge for Cook.

In September, assistant state’s attorney Deborah Phillips answered that Conner didn’t identify any error that Cook committed.

She wrote that disclosure might have compromised the investigation.

On Oct. 21, Conner wrote that the state may not withhold material evidence without violating due process.

“Cook had slurred speech during the reading of the jury instructions,” Conner wrote.

“Had Defendant known that Cook’s capacity was in question, Defendant would have moved to substitute Cook.

“A fair trial presumes that one party does not have information concerning the judge’s capacity that the other party does not have.”

She wrote that Kelly has allowed withdrawal of guilty pleas from defendants who did not go to trial.

“By objecting to Defendant’s request, the state is penalizing defendant for contesting guilt and exercising his constitutional right to trial,” Conner wrote. “Cook had an ethical obligation to recuse himself.”

At today’s hearing, Conner argued for Muse while he sat beside her in a jail jump suit.

Conner said the appearance of impropriety alone was enough to warrant a new trial.

“There should be no question of a judge’s capacity,” she said.

She said the state could have substituted Cook without disclosing why.

“Judges have to observe high standards of conduct,” she said. “There is enough to call into question the capacity of the judge.”

Phillips replied that the evidence against Muse was overwhelming.

She said the appearance of impropriety was not enough to warrant a new trial.

“There is simply not enough called into question,” Phillips argued.

Haida asked her about a Supreme Court rule that requires judges to disqualify themselves in proceedings where their impartiality might be questioned.

Phillips said, “I can’t speak for judge Cook but the fact that he did not disqualify himself cannot be looked at it in a vacuum.”

“You have to look at the totality of the circumstances,” she said.

Haida said he considered the facts and read the transcripts.

He said his ruling was not a criticism of the prosecutor’s office or its failure to disclose the investigation.

“It was a situation that was not comfortable to be in,” Haida said.

Then he ruled in Muse’s favor.

Observers in the gallery included Lovie Ransom-Ewing of St. LouisCounty, mother of murder victim Correy Ransom.

She said she still does not know who shot her son.

She said she hopes a new trial will bring out the truth.

Kuehn

Lakin (left) pictured in 2008 outside federal courthouse.

Former lawyer Tom Lakin of WoodRiver wants those who accuse him of sexual misconduct to specify dates and places of the actions they allege.

Lakin sought the information on Oct. 23, in a motion for a more definite and certain statement in a civil suit that the family of a former employee filed.

Six persons sued Lakin in Madison County in 2006, as John Doe, Mary Doe, Joseph Doe, Jane Doe, Julie Doe and James Doe.

They claimed he committed sexual acts with minors.

Madison County Chief Judge Ann Callis, who has since resigned, transferred the suit to St. Clair County.

Federal prosecutors then charged Lakin with sexual offenses and drug distribution.

He pleaded guilty to the drug charge, and prosecutors dismissed the sex charges.

In 2011, on temporary release from prison, he registered as a sex offender in criminal proceedings before Madison County Circuit Judge Charles Romani.

Now he has served his sentence, and he currently stays in a halfway house.

His impending return revived the suit, and the Does moved for summary judgment.

One of their lawyers, Ed Unsell of Alton, argued that Lakin’s registration as a sex offender constituted an admission of liability.

Lakin’s lawyer, Clyde Kuehn of Belleville, responded that he registered as a sex offender in order to defeat the civil suit.

On Oct. 2, Kuehn wrote that special state prosecutor Charles Colburn made “incredibly favorable concessions” in arranging Lakin’s registration.

“The state would never have obtained any form of resolution with regard to the sundry sexual misconduct accusations being made against Tom Lakin by the plaintiffs without agreeing to forego any admission of guilt from Tom Lakin,” Kuehn wrote.

“The criminal proceedings in Madison County did not truly test anything about the merit of the allegations in the plaintiffs’ complaint.

“In fact, those Madison County criminal proceedings were specifically designed to end an unknown specter of menacing criminal liability while at the same time allowing Tom Lakin the freedom and opportunity to actually litigate in the future.

“The state’s offer became too good to refuse when the prosecutor ceased to insist upon a plea of guilty and agreed to a stipulated bench trial without any admission of guilt for the offer then allowed Lakin to wipe the slate clean criminally without providing a cake walk to the civil plaintiffs who were waiting in the wings.

“Lakin could ensure his future freedom, avoid the risk of potentially spending the rest of his life in a state penitentiary, and maintain his innocence without an admission of guilt of any kind, simply by foregoing a true test of the state’s evidence.”

The Does’ other attorney Thomas Q. Keefe, III, responded to Kuehn’s argument on Oct. 19, saying it was “absurd.”

Robert Sprague of Belleville, who represents Lakin along with Kuehn, filed the Oct. 23 motion for a more definite and certain statement.

St. Clair County Circuit Judge Heinz Rudolf presides over the case. He has set oral arguments for Nov. 21 at 1:30 p.m.

A Swansea nursing home is being sued after one of its residents allegedly suffered a fatal brain injury after falling at the facility.

Marjean Webb, as executive of the estate of Lillian Otten, filed a lawsuit Sept. 27 in St. Clair County Circuit Court against Rosewood Care Center Inc., of Swansea, doing business as Rosewood Care Center of Swansea.

According to the lawsuit, Otten began living at Rosewood Care Center in September 2011. In October of the same year Otten allegedly fell while in the center’s care. Webb claims Otten hurt her knee, broke bones in her hip, injured her left eye and began bleeding on her brain because of the fall.

Webb also alleges the nursing home, prior to Otten’s fall, added the blood-clotting medication Coumadin to her drug regimen without notifying the family of the change. She says the employees of Rosewood Care Center failed to monitor the effects of the Coumadin, failed to provide adequate assistance to Otten and failed to properly document her fall.

Rosewood Care Center is accused of negligence and of violating Illinois’ Nursing Home Care Act. Webb seeks more than $75,000 in damages for medical expenses and costs of the lawsuit.

Attorney Ross T. Anderson of East St. Louis represents the plaintiff. They ask for a jury trial.

St. Clair County Circuit Court Case No.13-L-499

Cook

Former St. Clair County Circuit Judge Michael Cook who was set to go to trial Dec. 9 on drug and weapons charges will plead guilty on Nov. 8.

Cook was charged in May with heroin possession 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 in Minnesota.

Federal prosecutors had been investigating Cook for months before he reported the death of his friend and colleague on the bench, associate Judge Joe Christ, on March 10 at a family owned hunting lodge in Pike County. Christ died of cocaine toxicity.

October 21, 2013

Belleville

• $480,000- 223 E. Main Street- David F. Nagle and Allison L. Babcock to Puze USA INC.
• $25,000- 1508 Bel Aire Drive- Deanna A. Fraizer to Family Tree Enterprises LLC
• $94,000- 1427 Vicksburg Drive- Mark W. Abright to Kyle Anderson and Kelly Anderson
• $126,000- 1972 Reserve Walk Way- Lauren P. Reeves and Andrew J. Reeves to Stephen D. Willis
• $280,000- 609 S. Jackson Street- Gregg L. Crawford to Casey M. Woodcock
• $92,500- 7320 Arke Drive- Everett L. Hamilton and Pamela L. Roberson to Kyle Naliborski
• $2,000- 1013 South Church Street- VP 4 LLC to Richard A. Surmeier
• $2,750- 26 Lucinda Ave.- The Bank of New York Mellon to Brian K. Metze and Sandra L. Metze
• $52,871- 304 South Belt West- The Private Sales Corporation to Steve Neumeyer
• $127,000- 304 South Belt West- Steven Neumeyer to Michael Grant and Michelle E. Turner
• $240,000- 1912 Cedarwood Trail- Cheryl D. Bramlett to Marjorie J. Cole

Cahokia

• $87,000- 521 St. Leo Drive, 903 St. Matthew Drive, 321 Garden Street- R & R Investment Properties LLC to CRInvestments LLC
• $87,000- 244 St. John Drive, 1711 Theodore Lane, 1513 Andrews Drive- R & R Investment Properties LLC to CRInvestments LLC
• $29,000- 2 W. Adams Drive- R & R Investment Properties LLC to CRInvestments LLC
• $7,500- 865 Mildred Avenue- Jeffrey S. Fietsam to Metro Property Partners LLC
• $9,500- 9 W. Adams Drive- The Estate of Kisha McCoy and Sandra McCoy to Metro Property Partners LLC
• $21,000- 2035 Maple Tree Lane- James and Rickie Gearhart to Craig Cholet

East St. Louis

• $580- 1713 Gay Ave.- Raven Securities INC. to Brian Knox

Fairview Heights

• $41,750- 7 Cedar Drive- Secretary of Housing and Urban Development to Jessica Huber

Freeburg

• $20,000- N. Vine Street- Doris K. Carr to Amy Newlin
• $255,000- 6212 Country Side Lane- John E. Sebesta to Adam P. Payne and Abbey L. Payne

Lebanon

• $77,500- 529 North Hunter- Stephen M. Szewzyk to McKendree University
• $124,900- 204 South Plum Street- Walter F. Turk and Marlyss M. Turk to Peter Morland and Alicia A. Morland
• $100,000- 402 Hillcrest Drive- June Wilkey Isselhardt to Jana M. Trame

Millstadt

• $24,500- 515 West Laurel Street- Edward T. Wilkerson and Nancy M. Wilkerson to JL Schaefer Construction INC.

O’Fallon

• $413,281- 1101 Hollander Court- Huntington Chase Homes Corporation to Robert Mallets and Lisa Mallets
• $277,500- 725 Victoria Lane- Stanley and Shirley Brown to Terry and Lynette Stevenson
• $37,500- 1440 Victoria Square Court- Southern Illinois Land Investments LLC to Nathan Bailey
• $1,200,000- 136 Regency Park- Sharm INC. to Pentel Hospitality LLC

Swansea

• $33,000- 1532 Donna Drive- HSBC Mortgage Services INC. to Terry Peters
• $161,000- 6 Deerfield Court- James F. Fulton to Jeffery and Angela Berry
• $200,000- 3894 Michael John Drive- Valerie Bush to Michelle Dibadj

Washington Park

• $5,000- 1308 North 52^nd Street- Dorothy Mallett to Calvin Powell

October 22, 2013

Belleville

• $117,000- 38 Fenwood- Tygracon Properties INC. to Faith S. Fields
• $105,000- 913 East Main Street- Tadd R. Moore and Ellen M. Moore to Alexander Williams
• $17,526- 16 N. 44^th Street- Sec. of Housing and Urban Dev. to Shannon Bridges

Cahokia

• $38,500- 1406 Williams St.- Robinson Realty LLC to Screaming Eagle Properties LLC
• $19,500- 903 Frontenac Drive- The Robert E. Upchurch Trust and The Earline M. Upchurch Trust to Stanley Crockett and Sandra Crockett
• $42,500- 103 Dorcas Dr.- Robinson Realty LLC to Screaming Eagle Properties LLC
• $35,000- 714 St. Martin- Robinson Realty LLC to Screaming Eagle Properties LLC
• $35,000- 714 St. Martin- Robinson Realty LLC to Screaming Eagle Properties LLC
• $52,575- 1618 Armand Dr.- Screaming Eagle Properties LLC to Horizon Trust Company
• $17,000- 407 E. 5^th St.- Patrick and Amy R. McDonough to Saint Louis Investments LLC

Dupo

• $46,451- 661 Marian Dr.- Secretary of Housing and Urban Development to Ohio Investments LLC

East St. Louis

• $12,500- 24 Godier Drive- Bank of Springfield to Angel R. Lewis
• $45,050- 947 Goelz Dr.- Frontside Properties LLC to American Estate and Trust

Fairview Heights

• $74,500- 37 Mark Drive- Elizabeth C. Farrott to Corey M. Anderson

Lebanon

• $75,000- 214 Roosevelt Street- Nina O. Belden to Danielle Dockstader

Marissa

• $240,000- Marissa North Road- F. Michael Bickel and Nancy J. Bickel to Paul E. Bickely and Bonnie J. Bickel

Mascoutah

• $44,300- 9723 Winchester Street- AKS Developments LLC to Kappert Construction Co. INC.
• $47,900- 9727 Winchester Street- AKS Developments LLC to Kappert Construction Co. INC.

New Athens

• $5,000- 203 North Benton- Ronald Lee McFadden to Eric Becker

O’Fallon

• $177,000- 812 Belpre Dr.- James K. Broyles to Melanie L. Barnett
• $110,000- 305 Edna Drive- Edward J. Zalko and Aileen F. Zalko to Alanna Warhoover
• $35,000- 1441 Arley Hill Drive- Southern Illinois Land Investments LLC to Kappert Construction Co. INC.

Shiloh

• $164,422- 3602 Harbor Way- McBride Eagles Landing LLC to Victor Augusto Alvarez and Breanee Alvarez
• $43,000- 2586 London Lane- TTW LLC to JLP Construction Co.

October 23, 2013

Belleville

• $195,000- 667 Landolakes Circle- Mark Kroenig and Tara Kopf to Joseph W. Ellison
• $250,000- 1621 Colfax Ct.- Heartland Home Builders INC. to Aaron D. Hackleman and Patika L. Hackleman
• $1,400- 115 North Illinois Street- Christopher J. Kwapis and Lea N. Kwapis to IDOT
• $3,200- 10 West F Street- Jack Russell and Walter E. Byerley Jr. to City of Belleville
• $110,000- 128 San Mateo Drive- Timothy F. Walker and Lori A. Walker to Elliot Munoz and Charlotte Munoz
• $126,900- 33 Kingston Drive- Martin S. Waller to Lauren Hayes Baxton

Caseyville

• $355,775- 1005 Crooked Stick Drive- McBride & Son Residential Illinois LLC to Leslie and Lois Farmer

Fairview Heights

• $170,000- 600 Ember Crest Drive- McBride & Son Residential Illinois LLC to Sandra J. Mitchell
• $170,000- 140 St. Clair Drive- Marilyn Armstrong to Timothy P. Walker and Lori A. Walker

O’Fallon

• $565,000- 1225 Thouvenot Lane- Commerce Bank to Parks Development Properties LLC

October 24, 2013

Belleville

• $64,000- 1000 McClintock Avenue- Michael Whitaker and Jill Whitaker to Rhonda Kernan and John and Erin Kernan
• $165,000- 185 and 187 Huntleigh Drive- Cathy M. Roth to Curt A. Klaustermeier and Paula C. Klaustermeier
• $65,500- 2310 North Illinois Street- Joanne Anderson and Carol Muzzarelli to Robert C. Stelling
• $92,039- 611 Centreville Avenue- Intercounty Judicial Sales to Secretary of HUD
• $145,000- 300 N. Church- Amy Ruth Perez and Jorge Perez to Hoyleton Ministries

Cahokia

• $16,000- 9 W. Adams Drive- Metro Property Partners LLC to PACEP CAP LLC

Centerville

• $7,500- 4317 Baker- Leroy Robinson Jr. to Evelyn Radley Jackson

Dupo

• $106,500- 440 Carter Drive- Michael L. Kumm and Janet B. Kumm to Tyler C. Reifschneider

East St. Louis

• $15,000- 812 North 22^nd Street- Sharon Mehrtens to Jennifer Staten

Fairview Heights

• $86,900- 9120 Lynwood Lane- William Coughlin to Robert S. Krug Sr.
• $45,000- 144 Frey Lane- John W. Brinkerhoff Jr. to AEB Properties LLC
• $29,500- 10 Kingston Drive- U.S. Bank to Renee J. Ades and Christopher Ades

Mascoutah

• $30,000- 1119 Lear Lane and 1123 Lear Lane- Frontenac Bank to New Tradition Homes LLC

O’Fallon

• $144,000- 2119 Streamview Court- Andre K. Curry and Elaine C. Curry to Jason R. Smith and Janet A. Smith
• $90,000- 407 Westfield Drive- James E. Barnett to Daniel Voyles and Emily Voyles
• $51,200- 1300 Wadsworth Court- Windsor Creek Development INC. to Huntington Chase Homes Corporation
• $60,500- 1304 Wadsworth Court- Windsor Creek Development INC. to Huntington Chase Homes Corporation

Swansea

• $105,000- 1721 Baxston Court- Nationstar Mortgage LLC to Quantum Lending LLC

Washington Park

• $5,000- 1245 N. 60^th Street- Federal National Mortgage Association to Larry Blanchard

October 25, 2013

Belleville

• $18,000- 1408 Sandalwood- Wayne E. Keck and Sally Ann Keck to Clara Marie Elmore
• $38,000- 113 N. Indiana Ave.- Walter F. Schaefer Jr. to Gregory Patrick Schaefer

Cahokia

• $19,100- 1919 Jerome Lane- Secretary of Housing and Urban Development to Brynishia Robinson

East St. Louis

• $84,000- River Park Drive- Bi-State Development Agency of MO-IL to IDOT
• $671,628- Front St.- Cris Cross Company LLC to IDOT
• $8,300- 2222 Illinois Ave.- Wilhelmina C. Nicholson and Russell Nicholson to Brandy Woods and Johnny Crosby

Mascoutah

• $15,000- 123 West Phillips- Estate of Joan M. Bauchman to PD Properties Land Trust
• $25,677- 316 N. Independence Street- Bret Rasch to Bret Rasch and Adam Edwards
• $295,035- 908 Ottawa Court- Kappert Construction Co. INC. to Sandra Junius

New Athens

• $20,000- 106 S. Clinton St.- Jessica Marie Crockarell to Daniel Northway and Laura Northway

O’Fallon

• $205,000- 539 Glen Oak Drive- Cayford J. Campbell and Ericka Campbell to Robert K. Liggon and April M. Liggon
• $58,300- 612 West Madison Street- Mel Vasquez Jr. and Sharon Vasquez to Hawkco LLC

Shiloh

• $37,000- 821 Bluff Ridge Lane- SD2 LLC to Waterson Masonry INC.
• $463,329- 1745 St. Andrews- Homes by Deesign INC. to Bruce and Marjie Simms

October 16, 2013

• First Horizon Home Loans V. Terance Hall, Farrah Hall, $186,543.67, 3712 Winward Way Drive, Belleville. 13-CH-881
• Home Federal Savings and Loan Association of Collinsville V. Gary L. Lane, $51,366.77, 838 S. Main St., Caseyville. 13-CH-882
• First Bank V. Yvonne M. Powers, $58,715.10, 324 Garden Street, Cahokia. 13-CH-883
• Wells Fargo Financial V. Lynn Ortega, Roy Stieger, Brian Stieger, Ann Bowers, $35,470.14, 204 North 39^th Street, Belleville. 13-CH-884

October 17, 2013

• U.S. Bank V. Chaz M. Fernandex, Kathryn A. Empey-Fernandez, $111,654, 57 Windsor Drive, Belleville. 13-CH-887

October 18, 2013

• U.S. Bank V. Melinda Gudmestad, $318,441.43, 516 E. Waters Edge, Belleville. 13-CH-888

October 21, 2013

• Wells Fargo Bank V. Danielle C. Clemons, Stanton B. Clemons, $58,015.72, 47 Louise Lane, Cahokia. 13-CH-889
• U.S. Bank V. Amber Dingerson, Jamaar Flowers, $71,592.96, 1434 Radiance Drive, Belleville. 13-CH-891
• First County Bank V. Thomas C. Docter, Jean M. Docter, $159,372.57, 801 Old Dominion Court, Fairview Heights. 13-CH-892

October 22, 2013

• Nationstar Mortgage V. Danielle N. Boothman, $77,088.10, 407 S. 5^th St., Caseyville. 13-CH-893

October 23, 2013

• CitiMortgage V. Amanda F. Smith, $37,055, 778 North 40^th Street, East St. Louis. 13-CH-894
• The Bank of New York Mellon V. Ervin J. Kloess, $96,521.15, 62 Bedford Dr., Belleville. 13-CH-896
• Associated Bank V. Thomas E. Hartman, Lana K. Hartman, $139,643.73, 9 Londenberry Dr., Fairview Heights. 13-CH-897

October 24, 2013

• Wells Fargo Bank V. Pamela B. Wier, Denis C. Wier, $91,622.48, 1421 North Church Street, Belleville. 13-CH-902
• Wells Fargo Bank V. Brian Hoffman, $81,265.88, 2121 East B Street, Belleville. 13-CH-903

Cunningham

A manufacturing company accused of defective welding requested more time to respond to a St. Clair County lawsuit.

Circuit Judge Robert LeChien granted defendant Mason Manufacuting’s motion for an extension of time to file an answer on Oct. 14. It was given until Nov. 4 to respond.

According to the complaint filed Sept. 5, plaintiff Nuplex Resins claiming it incurred more than $30,000 in additional operating costs when welding on a machine built by the defendant defaulted.

Mason Manufacturing was hired to build a pressure vessel with a jacket designed to allow temperature-controlled fluids to circulate without tainting the chemical reaction inside the reactor, known as a R-4 vessel, the suit states.

Nuplex ordered the machine from Mason after the defendant authorized that it was qualified for the job. Mason Manufacturing delivered the vessel to Nuplex on Jan. 2, the complaint states.

However, Nuplex claims soon after the installation, the hot oil running through the machine’s outer jacket had somehow mixed with the resin inside the reactor, which was attributed to cracks in the welding of the machine’s jacket, the suit states.

Mason Manufacturing agreed to repair the leaks, but it only took a few days for before new leaks were discovered.

“Further inspection showed that two additional welds in the bottom dish of the R-4 vessel had cracked,” the complaint states. “Mason offered no suggestions for dealing with the cracks and chose not to participate in the repair.”

Nuplex was forced to shut down the R-4 vessel on March 19 and decided to repair the issue itself. The repair was in excess of $30,000, the suit says.

Nuplex accuses mason Manufacturing of negligently failing to complete fusion of the machine, failing to complete penetration and including slag in the weld.

Nuplex seeks a judgment of more than $500,000.

LeChien scheduled a mandatory status conference for Dec. 10 at 9:30 a.m.

Raj N. Shah and Eric M. Roberts of DLA Piper in Chicago is representing the plaintiff.

John P. Cunningham and Denise Baker-Seal of Brown & James PC in Belleville represent the defendant.

St. Clair County Circuit Court case number 13-L-455

Scoggins

A Cahokia man is accused of causing a crash while trying to change lanes on an on-ramp in St. Clair County.

Lori E. Ta’amai filed a lawsuit Sept. 26 against Kenneth R. Jackson in St. Clair County Circuit Court.

Ta’amai says she was driving her Dodge Intrepid north in the right lane of the on-ramp to Interstate 64/55/70 in October 2011. At the same time, according to the complaint, Jackson was driving his Dodge Stratus in the left lane of the same on-ramp. Ta’amai says Jackson crossed into her lane right in front of her, causing her to crash into the back of his car.

Jackson is accused of negligence.  Ta’amai asks for more than $50,000 in damages for medical expenses and court costs.

Attorneys Mark C. Scoggins and Anthony P. Gilbreth of Columbia represent her.

St. Clair County Circuit Court Case No. 13-L-498

Beljanski

A woman claims she suffered severe and permanent injuries after a driver failed to yield the right-of-way and struck her vehicle.

Lisa S. Anderson filed a lawsuit Sept. 24 in St. Clair County Circuit Court against Kalya Deanne Tolan.

In her complaint, Anderson alleges she drove south on Air Mobility Drive near its intersection with Illinois Highway 161 in Shiloh Valley on Oct. 27, 2011, when Tolan, who was also driving south, struck Anderson’s vehicle.

Because of the collision, Anderson suffered permanent injuries, was hindered and prevented from attending to his usual duties and affairs and suffered great pain and anguish, according to the complaint.

Tolan negligently failed to stop or swerve at the first sign of danger, drove without keeping sufficient control of her vehicle, drove too fast, failed to keep a proper lookout, failed to equip her vehicle with adequate brakes and failed to yield the right-of-way, the suit states.

In her complaint, Anderson is seeking a judgment of more than $50,000, plus costs.

Kenneth B. Beljanski of Brown and Brown in Fairview Heights will be representing her.

St. Clair County Circuit Court case number: 13-L-491.

A Millstadt man claims he sustained severe and permanent injuries after a driver failed to yield the right-of-way and struck his vehicle.

Motil

Dustin Blackwell filed a lawsuit Sept. 25 in St. Clair County Circuit Court against James D. Weiss and James D. Weiss Jr.

In his complaint, Blackwell alleges he was driving a 2006 Pontiac north on Floraville Road in Millstadt on June 5 at about 5:20 a.m. when defendant James D. Weiss, who was driving a 1997 Aurora Oldsmobile south on the same road, drove into Blackwell’s lane and caused a “violent collision” with the front of the Pontiac.

Because of the collision, Blackwell suffered severe and permanent injuries to his neck, back, left forearm, left thigh and body and endured great pain and mental anguish, according to the complaint. He also was hindered from attending to his usual duties, incurred medical costs and lost earnings, the suit states.

James D. Weiss negligently failed to keep a proper lookout, failed to keep the vehicle under proper control, failed to stop before colliding with Blackwell’s vehicle, failed to keep his vehicle in the correct lane, failed to apply the brakes of the Oldsmobile to avoid a collision and drove into Blackwell’s lane, the complaint says.

In addition to James Weiss, Blackwell names James D. Weiss Jr. as a defendant, saying he negligently entrusted his vehicle to James Weiss.

In his complaint, Blackwell is seeking a judgment of more than $100,000, plus costs.

Ronald S. Motil of Beatty, Motil and Jones in Glen Carbon will be representing him.

St. Clair County Circuit Court case number: 13-L-493.

Four people have filed suit against their insurance agency, alleging it refuses to pay them for damages they sustained in a collision.

Bobbie Coleman, Walter Ward, Shemika Ward and Tanario Ward claim they were injured in a motor vehicle collision on Sept. 25, 2011.

Following the collision, the plaintiffs gave defendant State Farm Mutual Automobile Insurance Company a notice of their losses, according to the complaint filed Sept. 24 in St. Clair County Circuit Court. However, State Farm has refused to pay the total required under its contract with the plaintiffs, the suit states.

“Defendant’s attitude toward plaintiff and this claim has been cavalier and biased,” the complaint says. “Defendant has failed to respond to plaintiff’s settlement demand.”

In their complaint, the plaintiffs seek a judgment of more than $400,000, plus costs and other relief the court deems just.

Justin B. Mattea of Collinsville will be representing them.

St. Clair County Circuit Court case number: 13-L-488.

Beljanski

Two people claim they suffered various injuries after a driver failed to yield the right-of-way and struck their vehicle.

Nicola Huitron and Bernabe Huitron-Rangle claim they were riding in a vehicle traveling east in the right-hand lane of Interstate 64 near milepost 9 in Caseyville on Dec. 3, 2011, when defendant Bruce E. Walker, who was driving a 2009 tractor-trailer east in the left-hand lane, struck their vehicle.

Because of the collision, the plaintiffs suffered severe and permanent injuries, were hindered and prevented from attending to their usual duties and affairs and suffered great pain and anguish, according to the complaint filed Sept. 24 in St. Clair County Circuit Court.

The plaintiffs blame Walker for causing the collision, saying he negligently failed to stop or swerve to avoid a collision, failed to keep proper control of his vehicle, drove too fast, drove without keeping a proper lookout, failed to equip his vehicle with adequate brakes and failed to yield the right-of-way.

In addition to Walker, the plaintiffs name Transam as a defendant, saying it had entrusted its vehicle to Walker.

In their complaint, the plaintiffs are seeking a judgment of more than $200,000, plus costs.

Kenneth B. Beljanski of Brown and Brown in Fairview Heights will be representing them.

St. Clair County Circuit Court case number: 13-L-490.

A woman who claims she fell at an East St. Louis store has filed a motion to voluntarily dismiss her lawsuit.

St. Clair County Circuit Judge Robert LeChien filed an order on Sept. 27 granting plaintiff Pamela McClain’s motion to voluntarily dismiss without prejudice. Each side was ordered to bear their own costs.

According to the complaint filed Sept. 16, McClain claims she went to an East St. Louis store, defendant Gateway Market, on July 23 and tripped on carpeting that had risen from the floor.

She blames Gateway Market for negligently failing to manage its premises in a safe condition, failing to have a safe procedure for securing its carpets to the floor, failing to provide a safe place for McClain, allowing the premises to remain dangerous and failing to warn of the dangerous condition, the suit states.

McClain sought a judgment of more than $50,000.

On Oct. 17, LeChien scheduled a manadatory status conference to address the dismissal on Dec. 10 at 9:30 a.m.

Thomas Rich, Kristina Cooksey and Michelle Rich of Fairview Heights represent McClain.

No attorneys for the defendant had been identified.

St. Clair County Circuit Court case number 13-L-474

Falb

A Fairmont City gas station blamed for a customer’s trip on steps denies the allegations against it and demands a trial by jury.

According to the complaint filed on Aug. 12, plaintiff Robert O’Neal claims he visited defendant Fairmont Phillips 66 gas station on Sept. 7, 2011, and fell on an “inherently dangerous” step at the front of the building as he was attempting to leave.

Shri Satya Sai Baba and Phillips 66 are also named defendants.

O’Neal accuses the defendants of failing to ensure that the property was safe, failing to adequately warn of an immediate step down in front of the door, allowing a step to be positioned in a threshold of an exiting door and placing advertisements on the lower glass of the exiting door, which prevented customers from seeing the drop.

The defendant filed its answer denying the allegations on Sept. 16 through attorney Jonathon Brereton-Hubbard of Thompson & McDonald in St. Louis.

They also filed five affirmative defenses claiming the plaintiff’s injuries were caused by his own negligence for failing to keep an adequate lookout and encountering a hazard he should have known was there.

“Plaintiff was warned of the subject step through the use of warning signs and yellow paint that contrasted the step from the surrounding area,” the motion states.

O’Neal seeks a judgment of more than $100,000 in his two-count complaint.

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

Thomas O. Falb of Williamson, Webster, Falb and Glisson in Alton is representing the plaintiff.

St. Clair County Circuit Court case number 13-L-419

Cook

McGilvery

Former St. Clair County judge Michael Cook plans to plead guilty of heroin possession on Friday, Nov. 8.

U.S. District Judge Billy Joe McDade of Peoria posted notice on Oct. 31, that he would hear Cook change his plea at 1:30 p.m. on Friday.

At that point, U.S. Attorney Stephen Wigginton will have convicted every defendant he has identified in connection with drug dealing that led to the death of judge Joe Christ.

Cook found Christ’s body on March 10, in the Pike County hunting lodge of Cook’s father, Belleville lawyer Bruce Cook.

Chief Judge John Baricevic said Christ died of natural causes, and Senator Dick Durbin said the same in a memorial tribute on the Senate floor.

In May, Pike County sheriff Paul Petty said Christ died of cocaine intoxication.

On May 22, drug agents arrested Cook at the home of Sean McGilvery in Belleville.

They arrested McGilvery and charged him with distributing heroin.

They separately arrested probation officer James Fogarty, after showing him text messages that implicated him as Christ’s cocaine dealer.

Prosecution briefs showed agents had started an investigation of St. Clair County drug traffic last November.

Agents arrested Deborah Perkins of Fairview Heights in January, after a confidential source told them she would step off a bus in St. Louis with a load of heroin.

Prosecutors indicted her in February, as director of a heroin sales team.

They indicted her son, Douglas Oliver, and Eric Beckley of Centreville, as dealers under her direction.

After agents arrested McGilvery, prosecutors identified him as a dealer for Perkins.

Perkins and Oliver pleaded guilty in August, and await sentencing in December.

McGilvery pleaded guilty on Oct. 17, and awaits sentencing in February.

Beckley pleaded guilty on Oct. 31, and awaits sentencing in March.

Fogarty plans to plead guilty of cocaine distribution on Wednesday, Nov. 6, before District Judge Michael Reagan.

Cook’s plea will either close the book on the investigation or start a new chapter.

Wigginton has indicted dozens of drug defendants this year without indicating whether he caught them in the same investigation that caught Cook.

One such connection popped up from the mass on Oct. 18, when Augustus Stacker of Belleville pleaded guilty of cocaine distribution.

He and the government stipulated that he supplied cocaine to Fogarty, and that one of their transactions was audio recorded on May 23.

The stipulation suggested that the investigation continues, by declaring that Stacker bought cocaine from “persons in the Southern District of Illinois.”

Another sign of ongoing investigation appeared in a detention order that Magistrate Judge Stephen Williams signed for Beckley.

Williams afforded him “reasonable opportunity for private consultation with counsel,” which a defendant would not normally need after pleading guilty.

Williams wrote that by court order or on request of a government attorney, Beckley’s prison warden must deliver him to a U.S. marshal “for the purpose of an appearance in connection with a court proceeding.”

By coincidence or not, two men in the mass of defendants pleaded guilty on Oct. 31.

Michael Scott Jr., stipulated that he sold an ounce of cocaine to a confidential informant for $1,400, on July 2 in WashingtonPark.

Deanthony Tillman stipulated that he sold two grams of crack to a confidential informant for $200, on June 27 in East St. Louis.

A St. Clair County couple accused of walking away from a $310,000 real estate contract filed a counterclaim against the plaintiff claiming they properly terminated the sale but never received earnest money they were initially required to pay.

According to the original complaint filed on Aug. 26, Tamadean Goldenhersh claims defendants Ann M. and David A. Miller agreed to buy two Belleville properties for $310,000 from Goldenhersh in April 2010. Goldenhersh alleges that one month later she signed the contract and the defendants agreed to close on the sale in October 2010.

However, the plaintiff claims the couple failed to pay the purchase price by the due date. She then served them with a legal notice of default later that month, the lawsuit claims.

Goldenhersh later sold the properties to a different buyer in July 2012, the suit states.

The Millers filed a motion to dismiss the complaint on Sept. 26, through attorney Thomas R. Ysura of Belleville.

They claim they properly terminated a contract with Goldenhersh. They also say that financing was not approved for the contracted amount because the lender found that the value of properties was about $80,000 lower than the asking price.

The Millers filed a memorandum of law supporting their arguments.

In regards to the financing contingency, they state, “The specific language [of the contract] states, ‘This contract is contingent upon buyer obtaining a mortgage loan commitment.’ There is no question of fact that the plain language of the contract makes obtaining a loan commitment a condition precedent to the contract. There is also no factual dispute that the financing contingency was never satisfied.”

They also argue that they followed the requirements to properly terminate the contract by signing the termination notice within 10 days of the closing date.

On Sept. 26, the Millers also filed a counterclaim against Goldenhersh claiming they followed all the proper procedures for terminating the contract.

They claim that on Sept. 17, 2010, they were notified by Regions Morgan Keegan that they had been denied approval for financing because it found the loan to value amount insufficient. It determined the property value at $228,000, roughly $80,000 less than the asking price.

In return, they blame Goldenhersh for breaching contract by refusing to sign their termination notice and failing to release the $10,000 earnest money the Millers were required to pay.

The Millers also named Chicago Title and Trust Co. a counter-defendant.

The Millers seek a judgment of more than $10,000 in their counterclaim.

Goldenhersh seeks a judgment of more than $83,000 in her original complaint.

St. Clair County Circuit Judge Robert LeChien scheduled a mandatory status conference for Dec. 10 at 9:30 a.m.

Timothy A. Guknecht of Columbia represents Goldenhersh.

St. Clair County Circuit Court case number 13-L-441