Gori

A couple accusing more than 65 corporations in their St. Clair County asbestos lawsuit have amended their complaint to add more defendants and demand a trial by jury.

According to the asbestos lawsuit filed on Sept. 19, plaintiffs Steve and Marsha Bostick now blame approximately 70 defendant corporations for allegedly causing Steve Bostick to develop lung cancer resulting from exposure to asbestos-containing products throughout his career.

Steve Bostick worked as a mechanic with the Army from 1965 until 1968, as a deckhand on the Mississippi River and a mechanic at MTA City Bus Line from 1968 until 1971, as a power plant operator at TVA from 1971 until 1985 and as a power plant shift operator for the Army Corps of Engineers from 1985 until 2002, the suit states.

The Bosticks filed the motion to amend their complaint on Oct. 7 to add secondary exposure history and additional defendants based on information they recently obtained, the document states. It was approved by Circuit Judge Vincent Lopinot on Oct. 17

They added Alcatel-Lucent USA Int, formerly known as Lucent Technologies, Inc, Occidental Chemical Corporation, formerly known as Hookers Chemical Co, Reichhold, Rogers Corporation, and VF Corporation as defendants.

The Bosticks seeks a judgment of more than $100,000, economic damages of more than $50,000, punitive damages of more than $100,000 and compensatory damages of more than $50,000 in their 10-count complaint.

Randy L. Gori and Barry Julian of Gori, Julian & Associates in Edwardsville represents the plaintiffs.

Attorneys for the defendants have not yet been identified.

St. Clair County Circuit Court case number 13-L-480

Brockman

St. Clair County Circuit Judge Robert LeChien scheduled a status conference for Dec. 11 at 9:30 a.m. in a lawsuit against a non-profit legal service and attorney accused of mishandling a deceased man’s will.

Plaintiffs Harry Phelps, Robert Phelps, Dennis Phelps, Alan Phelps, Donald Phelps, also known as Dan Sheils, Michael Sheils and Melissa Sheils initially filed the lawsuit on June 6.

Defendant Stephanie Hiebert worked for defendant Land of Lincoln Legal Assistance Foundation Inc. and was allegedly the legal counsel for Clifford and Alene Phelps prior to June 2010. The plaintiffs claim Hiebert allegedly executed a last will and testament for Clifford Phelps on June 22, 2010, at the Columbia Convalescent Center in Columbia.

However, Hiebert  allegedly never met with Clifford Phelps prior to completing the will to determine if he was of sound mind and memory to properly execute a will, the lawsuit claims. She is also accused of failing to determine the nature and extent of his property, which was allegedly worth about $1.6 million, the family argues.

The plaintiffs argue that all of Hiebert’s information gathered for Clifford Phelps’ last will and testament came from his wife and her nieces, who allegedly became the primary beneficiaries of his will, disinheriting the plaintiffs.

The family claims the defendants knew Clifford Phelps was physically impaired during the preparation of the will and was aware he could not sign his name. They also contend Hiebert was not present at the execution of his will.

The family filed a petition to contest the will and a petition to contest the validity of the will after Clifford Phelps died in December 2011. Neither have been resolved, the suit states.

The plaintiffs seek a judgment of more than $100,000.

The plaintiffs are represented by Larry O. Brockman of Swansea.

An attorney for the defendants has not yet been identified.

St. Clair County Circuit Court case number 13-L-287

Lytle

An insurance company accused of refusing to cover a customer’s collision claim is seeking to dismiss a St. Clair County lawsuit.

According to the complaint filed Sept. 17, plaintiff Paula J. Beland claims she was involved in a chain traffic collision on Sept. 17, 2011. A driver hit the car behind Beland, which then allegedly hit her car.

Beland had insurance through defendant Automobile Club Inter-Insurance Exchange at the time of the collision, the suit states. She filed a claim with the insurance company, seeking money for her damages as a result of the collision. However, the insurance company refused to settle Beland’s underinsured motorist claim, the complaint alleges.

The defendant filed its motion to dismiss on Oct. 18 through attorneys Michael Reda and Daniel C. Lytle of HeplerBroom in Edwardsville claiming the plaintiff failed to state a cause of action.

“In this case, plaintiff’s complaint fails to separate causes of action for breach of contract and recovery pursuant to the Illinois Insurance Code,” the motion states.

The defendant filed for a substitution of judge on Oct. 29, which Chief Judge John Baricivic granted. Circuit Judge Robert LeChien was previously assigned to the case. A new judge has not yet been assigned.

The plaintiff seeks a judgment of more than $35,000, costs, fees and an additional $25,000.

Beland is represented by B. Jay Dowling of the Law Offices of Sterling and Dowling in Fairview Heights.

St. Clair County Circuit Court case number 13-L-477

Drew

A St. Clair County bank accused of wrongfully allowing another to collect money from a deceased man’s account has denied allegations brought against it and demanded a trial by jury on Oct. 21.

According to the complaint filed on Sept. 19, plaintiff Eddie Bass claims the recently deceased Eli Burrell Jr. purchased a cashier’s check for $61,066.65 before he died on Sept. 23, 2010. The check was supposed to be payable to either Eli Burrell Jr., Willie Burrell or defendant Ethel Randolph, the suit claims.

On Sept. 24, 2010, Randolph went to defendant Associated Bank in St. Clair County with a copy of a different cashier’s check belonging to Burrell and attempted to withdraw the money from the account. However, she was told by bank employees that the check had already been cashed. They informed her of the $61,066.65 check Burrell purchased and helped her obtain the money by completing a “Declaration of Loss” and an “Affidavit and Indemnity Agreement for Issuance of Replacement of Lost Check,” the suit states.

Bass claims Associated Bank employees should never have allowed Randolph to withdraw the money from the account because she allegedly had no knowledge of the cashier’s check. He contends he has a right to the money from the check – not Randolph.

Associated Bank responded to the complaint through attorneys Terese A. Drew and Christopher M. Garcia of Hinshaw& Culbertson LLP in St. Louis.

It also filed five affirmative defenses against Bass claiming he failed to state a claim upon which relief can be granted. It also claims any damages alleged were caused by the conduct of others, including Randolph and Eli Burrell Jr.

The plaintiff responded to Associated Bank’s affirmative defenses on Oct. 25 denying the allegations.

Bass seeks the value of the check and court costs.

Kevin Boyne of Belleville is representing Bass.

St. Clair County Circuit Court case number 13-L-481

A St. Clair County man says his insurance company has failed to fulfill its obligation after his Collinsville home was lost in a fire.

Charles D. Schreiber filed a lawsuit Sept. 25 in St. Clair County Circuit Court against State Farm Fire and Casualty Company.

Schreiber says he bought insurance for his house and its contents from State Farm agent Otto Daech. The insurance allegedly covered the building for $36,000, the dwelling extension for $3,600 and $1,800 for lost contents. That policy was in effect, according to the lawsuit, in September 2011 when Schreiber’s house on Simpson Street caught fire.

When he made a claim to State Farm, Schreiber says the company only paid the lien holder, GreenTree, $32,000, leaving a balance of about $9,400 of an unpaid claim. Scheiber claims he spent more than $15,000 for a lawyer to try to get the rest of the claim covered by State Farm.

Schreiber accuses the insurance company of breach of contract and of violating Illinois’ Statutory and Administrative Law by delaying a payment of a legitimate claim. He asks for more than $100,000 in damages for court costs and attorney’s fees.

Schreiber is represented by attorney Michael L. McGlynn of Belleville.

St. Clair County Circuit Court Case No. 13-L-497

An O’Fallon man says he was rear-ended by another driver while stopped on an on-ramp in Caseyville.

Larkin T. Wadsworth filed a lawsuit against Tayka Y. Labarre Sept. 25 in St. Clair County Circuit Court.

Wadsworth says he was driving a 2007 Infiniti G35 on the entrance ramp to westbound Interstate 64 in September 2011. He had stopped behind two other cars on the on-ramp when he was hit from behind by a 1999 Suzuki Grand Vitarra being driven by Labarre, the petition says. The impact allegedly caused Wadsworth’s Infiniti to hit the back of the car stopped in front of him.

Wadsworth claims he was hurt in the crash and is suing Labarre for negligence. He asks for more than $50,000 in damages for medical expenses and court costs.

Attorney David E. Guymon of Belleville represents Wadsworth.

St. Clair County Circuit Court Case No. 13-L-496

Beljanski

A St. Clair County man is suing a driver that he claims crossed the center line and crashed into him in Shiloh.

Dwayne E. Robinson filed a lawsuit against Bradley M. Brydon Sept. 24 in St. Clair County Circuit Court.

Robinson says he was driving south on North Greenmount Road in October 2011. Near the eastbound on-ramp for Interstate 64, Robinson claims Brydon, driving north on Greenmount Road, crossed the center line and crashed into him.

Brydon is accused of negligence and Robinson asks for more than $50,000 in damages for medical bills and court costs.

Attorney Kenneth B. Beljanski of Fairview Heights represents Robinson.

St. Clair County Circuit Court Case No. 13-L-489

Collins

A Belleville bar is being sued by a man who says he was attacked and beat up by another patron.

Derek Wilke filed a lawsuit Sept. 20 in St. Clair County Circuit Court against Mic Berringer and JJJR Silver Creek Inc., doing business as Silver Creek Saloon.

According to the complaint, Wilke was in the Silver Creek Saloon in the 2500 block of Mascoutah Avenue in September 2012. At the same time, Wilke says, Berringer was also at the bar and being served drinks, causing him to become intoxicated. Wilke claims Berringer, while drunk, attacked him and hit him several times in the face.

Wilke accuses the bar and its owner, JJJR Silver Creek, of violating Illinois’ Dram Shop Act. He also accuses Berringer of negligence and asks for more than $200,000 in damages for medical bills, lost wages and court fees.

Wilke is represented by attorney Don Cary Collins of Belleville.

St. Clair County Circuit Court Case No. 13-L-486

Keefe

A St. Clair County man is suing the doctor and physician’s assistant whom he claims misdiagnosed him with a gastrointestinal disease.

Stan and Angie Weller filed a lawsuit Sept. 20 in St. Clair County Circuit Court against Dr. Mark Feldman and Claudia Gallagher, a certified physician’s assistant.

According to the complaint, Stan Weller was a patient of Gallagher and Dr. Feldman when he was allegedly misdiagnosed with Crohn’s Disease and prescribed the corticosteroid Prednisone. Weller claims the doctor and the nurse failed to order a CT scan and never consulted a supervising physician.

The Wellers accuse Dr. Feldman and Gallagher of negligence and ask for more than $300,000 in damages for medical expenses, loss of consortium and court fees.

They are represented by attorney Thomas Q. Keefe, Jr. of Belleville.

St. Clair County Circuit Court Case No. 13-L-484

Ellis

A former Popeye’s Chicken worker has filed suit saying its managers falsely accused her of smoking marijuana in the bathroom and fired her for the alleged offense.

Erica Gooch claims she went to change her shoes in the bathroom of the Fairview Heights restaurant before her shift began on Oct. 19, 2012. Her manager, Tara, then went to use the bathroom, according to the complaint filed Oct. 18 in St. Clair County Circuit Court.

“Tara exited the bathroom and accused Erica of having a ‘stick,’ meaning a stem from marijuana,” the suit states. “Tara accused Erica, in front of the entire restaurant, of smoking marijuana in the bathroom.”

Gooch denied Tara’s accusations and continues to maintain her innocence, the complaint says. Despite this, Gooch was terminated, according to the complaint.

In her complaint, Gooch is seeking a judgment of more than $50,000, plus costs and other relief the court deems just from defendant Sailormen, Inc.

Jim Ellis of Ellis Law Firm in Belleville will be representing her.

St. Clair County Circuit Court case number: 13-L-532.

Driscoll

Three women have filed suit against the drug company that they claim manufactured a contraceptive system that migrated within their bodies.

Watisha Hill, Jill Oertle and Debra Scolieri claim the contraceptive Mirena, which is manufactured by defendant Bayer, moved from its proper position within their bodies, necessitating the removal of the device and causing the women injuries.

Mirena is a type of birth control that is inserted into the uterus, where it can remain for up to five years. However, it can also puncture the lining of the uterine wall and migrate through the lining, causing injuries to women, according to the complaint filed Oct. 15 in St. Clair County Circuit Court.

“Defendant has a history of overstating the efficacy of Mirena while understating the potential safety concerns,” the suit states. “Specifically, DDMAC pointed out that Bayer failed to communicate any risk information, inadequately communicated Mirena’s indications, and overstated the efficacy associated with the use of Mirena in Bayer-sponsored on internet search engines.”

In fact, despite its knowledge of increasing perforation occurrences, Bayer continues to downplay the risks, the complaint says.

Because of the device’s movement within their bodies, the plaintiffs claim they suffered permanent injuries, endured physical pain and suffering and experienced mental pain. They also lost their enjoyment of life, incurred medical costs and lost their earnings and earning capacities, according to the complaint.

The plaintiffs allege design defect, negligence, failure to warn, breach of express warranty, misrepresentation by omission, fraudulent misrepresentation and breach of implied warranty.

They blame Bayer for causing their injuries, saying it negligently failed to use due care in designing Mirena, placed an unsafe product into the stream of commerce, failed to warn of dangers associated with Mirena and failed to thoroughly test Mirena before releasing the product to the market.

In their complaint, the plaintiffs seek a judgment of more than $350,000, plus costs, attorneys’ fees and other relief the court deems just. They also seek actual damages and pre- and post-judgment interest.

John J. Driscoll of The Driscoll Law Firm in St. Louis; Douglas P. Dowd and William T. Dowd of Dowd and Dowd in St. Louis; and Carmen S. Scott of Motley Rice in Mt. Pleasant will be representing them.

St. Clair County Circuit Court case number: 13-L-528.

Driscoll

Four men are seeking nearly $2 million each after they claim they developed bladder cancer after taking medication to treat their type II diabetes.

John McLane, David Steele, Gene Warren and Raul Watkins allege they began taking Actos, which is manufactured by defendants Takeda Pharmaceuticals. At the time they took the medication, McLane, Steele, Warren and Watkins were unaware that those who took the prescription for more than 12 months faced an increased risk of developing bladder cancer, according to the complaints filed Oct. 18 in Madison County Circuit Court.

Takeda was aware of the increased risk of cancer associated with the drug, but failed to warn consumers of it, the suits state.

After they began taking the medication, McLane, Steele, Warren and Watkins were diagnosed with bladder cancer, according to the complaints. As a result, they suffered back and lower abdominal pain and discomfort, urgent and frequent needs to urinate, pain during urination, bowel problems, loss of appetite and weight loss, as well as other severe injuries, the suits state.

In their complaints, McLane, Steele, Warren and Watkins allege negligence, strict liability, negligent failure to warn, negligent design defect, negligence, breach of express warranty, breach of implied warranty, breach of implied warranty of merchantability and defective design.

McLane, Steele, Warren and Watkins each seek a judgment of more than $1.75 million, plus pre- and post-judgment interest, costs, attorneys’ fees, costs and other relief the court deems just.

John J. Driscoll of The Driscoll Firm in St. Louis will be representing them.

Madison County Circuit Court case number: 13-L-536, 13-L-537, 13-L-538, 13-L-539.

Bartholomew

A woman died after her doctor gave her an extra dose of a blood thinner, according to a recently filed court document.

Steve Poggemiller claims Sharon K. Poggemiller was a patient at defendant Kindred Hospital in Springfield on June 28, 2012, when defendant Dr. Tarak Chokshi administered enoxaparin to her at 9:09.

Because of the unnecessary medication, Sharon K. Poggemiller died on June 29, 2012. Due to Sharon K. Poggemiller’s death, her next-of-kin have lost her services, companionship, comfort, instruction, guidance, counsel, training, love and support, according to the complaint filed Oct. 17 in St. Clair County Circuit Court.

In his complaint, Steve Poggemiller of Springfield seeks a judgment of more than $100,000, plus costs.

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

St. Clair County Circuit Court case number: 13-L-535.

A brother and sister claim they lost the rights to their mother’s farm after their stepfather conveyed the interest in the 120 acres to another woman.

Nathan and Hanna Struever filed a lawsuit Oct. 17 in St. Clair County Circuit Court against Timothy P. Fleming.

In their complaint, the Struevers claim they were supposed to inherit 120 acres of property in Calhoun County after their mother’s and step-father’s deaths. Their mother, Alice M. Schumann, and her husband, John O. Schumann, had agreed in a trust to pass the land to the Struevers no matter who died first.

The Struevers’ mother, Alice M. Schumann, died on Jan. 2, 2006. Her husband, John O. Schumann, outlived her. Less than two years after Alice M. Schumann’s death, John O. Schumann conveyed the land to Mary Ann Yoswig also known as Mary Ann Herren for less than $1, according to the complaint.

Defendant Timothy Fleming drafted the new last will and trust that conveyed the land to Yoswig without first making certain that John O. Schumann was free of Yoswig’s influence, the suit states.

“The plaintiffs further believe that the defendant also had an ongoing existing professional relationship with Mary Ann Yoswig also known as Mary Ann Herren and/or her family and had failed to disclose that existing business relationship to the decedent, John O. Schumann, at the time that these new documents and Deed transfers were completed,” the complaint says.

Because of Fleming’s action, the Struevers allege they lost their ability to own the land, which Yoswig purchased for $1.

The Struevers allege legal malpractice against Fleming and seek a judgment of more than $50,000, plus costs.

Edward J. Fanning of Fanning Law Office of Hardin in Hardin will be representing them.

St. Clair County Circuit Court case number: 13-L-533.

Lopinot

Circuit Judge Vincent Lopinot continued a case management conference in a man’s dog attack suit until Jan. 13, 2014, at 9 a.m. in order to provide the plaintiff enough time to obtain service on the defendants.

The case management conference was originally scheduled for Oct. 28 before it was continued.

According to the complaint filed May 13, Reginald King claims he was riding his bicycle from a gas station to his home when Cahokia police officer Elijah Moyers allegedly stopped King and told him to walk his bicycle home.

King claims he protested. As things escalated, Officer Moyers handcuffed him and informed him that he was under arrest.

“After handcuffing plaintiff, defendant Moyers remotely opened the door to his police vehicle and purposely unleashed his K-9 police dog to attack, assault and hurt plaintiff,” the suit states.

The City of Cahokia is also named a defendant.

King seeks a judgment of more than $100,000.

John M. Smith of Callis, Papa, Hale & Szewczyk in Granite City represents King.

An attorney for the defendants has not yet been identified.

St. Clair County Circuit Court case number 13-L-253

Konzen

Reitz

Berning

A hearing board panel of the Illinois Attorney and Registration Commission (ARDC) is recommending that Belleville attorney Jesse L. Trautmann be disbarred following a default proceeding on Oct. 30.

Disciplinary charges were filed against Trautmann in May in a three-count complaint stemming from his representation of clients in three separate matters.

The ARDC accused him of showing a lack of diligence in all three matters, making false representations in two and engaging in the unauthorized practice of law in one.

“This Panel finds, by clear and convincing evidence, that Respondent engaged in the acts alleged and committed the misconduct charged in the Complaint…” according to the ARDC report and recommendation filed Nov. 4.

The panel found that Trautmann “failed to act with reasonable diligence and promptness in representing a client (Counts I, II, III); failed to keep the client reasonably informed about the status of the client’s matter (Counts I, II, III); failed to explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation (Counts I, II, III); knowingly made a false statement of fact or law to a tribunal (Counts I, II); practiced law in a jurisdiction in violation of the regulations of the legal profession in that jurisdiction (Count I); engaged in conduct involving in dishonesty, fraud, deceit or misrepresentation (Counts I, II); and engaged in conduct that is prejudicial to the administration of justice (Counts I, II, III).

Trautmann was not present at the hearing and no counsel appeared on his behalf.

The panel consisted of Granite City attorney Leo H. Konzen, Belleville attorney Kurt E. Reitz and non-lawyer Carolyn Berning of Springfield.

Attorney Gary S. Rapaport appeared on behalf of the ARDC Administrator.

Background: In the matter of Trautmann

The first count of ARDC’s complaint dealt with Trautmann’s representation of Sheri Nantkes.

In October 2008, she had lens implant surgery performed on both of her eyes and began to have difficulty seeing shortly after.

Nantkes consulted with an attorney about filing a lawsuit in 2010. That attorney, Roy C. Dripps, told her he wouldn’t pursue the suit for her, but offered to represent her for the sole purpose of bringing the suit before the two-year period of limitations lapsed.

Dripps, according to the ARDC complaint, told her he would voluntarily dismiss the suit after filing it and that she would have to retain another attorney to re-file the matter and would also need a so-called”622 report” from a physician certifying the merits of her claim.

She agreed and in October 2010, Trautmann agreed to represent her. She then had her eye condition evaluated by a doctor, who agreed to provide the report, and told Trautmann to contact the doctor.

The ARDC panel found that Trautmann never communicated with the doctor or received the report and had made false statements to Nantkes, as well as in an affidavit attached to her lawsuit, that he had done otherwise.

It also found that Trautmann failed to take the necessary steps to serve the complaint on the defendants or notify the Nantkes and the court that he was no longer authorized to practice law.

In January 2012, the ARDC says Trautmann’s name was removed from the roll of attorneys in Illinois for failing to comply with the Mandatory Continuing Legal Education (MCLE) requirements.

His name remained stricken from the roll through the May filing of the ARDC’s complaint due to his noncompliance with the MCLE requirements and his failure to register with the ARDC in 2012 and 2013.

Trautmann failed to notify the court that he was no longer authorized to practice law or withdraw as Nantkes’ attorney, according to the ARDC panel.

In addition, Trautmann failed to notify his client that one of the defendants in her suit filed a motion to dismiss based in part on the lack of a 622 report being filed, the panel found.

Even though he was unauthorized to practice law, Trautmann told opposing counsel that he needed to continue a January 2012 hearing because he was ill, the panel found. Opposing counsel agreed and a new hearing date was set.

On the date of the rescheduled hearing, Trautmann faxed a letter to the judge claiming he was in Texas and had to stay there for medical reasons. The judge granted the defendant’s motion to dismiss, an order the ARDC says he never informed his client of.

The second count of the ARDC complaint against Trautmann dealt with his representation of Lyndell Walker.

In 2010, Trautmann agreed to represent Walker in his medical malpractice claim against a doctor who had performed emergency surgery on his right eye the year before.

The ARDC panel found that Trautmann never communicated with a doctor who offered to provide expert evidence or took any steps to obtain the required 622 report.

The panel also found that Trautmann failed to file a lawsuit for Walker before the two-year-limitations period lapsed and never informed his client that his claims had become time-barred.

After he filed Walker’s suit over the March 2009 surgery in October 2011, the ARDC alleged that Trautmann failed to properly serve the complaint and took no further action for Walker in his matter.

In addition to a lack of diligence in Walker’s case, the disciplinary commission found that Trautmann made false statements in an affidavit that claimed he had consulted with an expert and needed more time to file the 622 report even though he had not.

The third count of the ARDC complaint dealt with Trautmann’s representation of Jerod Marsh.

Marsh retained Trautmann in 2010 to represent his family in a lawsuit over alleged mold contamination in their rental home.

Trautmann filed suit for the Marshes against the owner and manager of their rental home, but failed to properly serve one of the defendants, according to the panel.

After filing suit and serving one of the defendants, the panel states that Trautmann took no further action in the Marshes’ matter.

Trautmann was also accused of failing to file a response to and attend a hearing on the defendants’ motion to dismiss.

The ARDC further asserted that he failed to notify his clients about the hearing or the judge’s subsequent order that granted the motion to dismiss.

At the hearing last week, the ARDC offered seven exhibits and the testimony of Lyndell Walker and James Burton.

(Bethany Krajelis contributed to this report).

Kuehn

EAST ST. LOUIS – Former St. Clair County probation officer James Fogarty pleaded guilty to supplying cocaine to Judge Joe Christ on Nov. 6, without taking back his claim that someone else’s cocaine killed the judge.

His plea agreement calls for a five year sentence, without extra years that federal prosecutors could recommend if they proved his crime resulted in death.

Christ was a long time prosecutor who had been a judge for only 10 days when he died of cocaine intoxification at a Pike County hunting lodge on March 10 in the company of former Circuit Judge Michael Cook.

Fogarty’s lawyers, Clyde Kuehn and son Justin Kuehn of Belleville, have argued that when he died he had metabolized the cocaine he got from Fogarty on March 8.

To plead guilty, Fogarty wore shirt, tie, and dark sport coat.

U.S. District Judge Michael Reagan read him the charges and said, “On your best day I can give you probation. On your worst day I can give you 30 years in the penitentiary.”

Reagan said that if he couldn’t accept the agreement, Fogarty could withdraw the plea.

Reagan said that under the agreement, the sentence could range from 57 to 71 months, and the fine could range from $10,000 to $100,000.

The agreement recommended 60 months, Reagan said.

He said the fine will be determined at his discretion, depending on family obligations.

“Once I accept, you are stuck with it,” Reagan said.

He said that under the agreement, Fogarty must forfeit weapons and ammunition.

“The government will probably destroy them,” he said.

He asked Fogarty if he believed the government can prove beyond a reasonable doubt that he distributed cocaine.

Fogarty said yes.

Reagan asked the same question about a separate charge that Fogarty possessed firearms while using cocaine.

Fogarty said yes.

Reagan read a stipulation between Fogarty and the government, that Fogarty delivered cocaine to Joseph Christ on March 8.

“You would have to have been living under a rock the past six months to not know that Joe Christ died,” he said.

He told Fogarty, “If your involvement was such that it resulted in death or bodily harm to anyone, I won’t accept the agreement.”

Reagan told the former probation officer to be truthful with probation officers preparing a report for his sentencing.

“Lie to them, lie to me,” Reagan said.

He set sentencing for Feb. 28.

(Editor’s note: This story has been updated. A previous version incorrectly identified District Judge David Herndon as presiding over the hearing).

Bridgestone America’s Tire Operations (BATO) is asking that a lawsuit filed over a fatal Megabus crash last year be transferred to Montgomery County based on the forum non conveniens doctrine.

The lawsuit filed in May in St. Clair County by Maurine Stellhorn and Francisco Miranda claims 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.

According to the complaint, the plaintiffs 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.

Bridgestone filed its motion to transfer on Oct. 21, which was taken under advisement by Circuit Judge Vincent Lopinot.

“Pursuant to the doctrine of forum non conveniens, this court should transfer this case to the Circuit Court of Montgomery County, Illinois because St. Clair County is an inconvenient forum with no practical connection to this case,” the motion states.

The forum non conveniens doctrine allows the court to transfer a case to a jurisdiction that is more convenient for the parties and witnesses when appropriate.

BATO argues that the litigation has “no connection whatsoever” to St. Clair County, because the incident occurred in Montgomery County and nearly all of the witnesses reside in Montgomery County. Therefore, transferring the case would be less costly and easier, it says.

“As such, it is clear that, by filing this case in St. Clair County, plaintiffs have engaged in forum shopping,” the motion states.

Lopinot gave the plaintiffs until Nov. 29 to reply to BATO’s motion to transfer and BATO was given until Dec. 13 to respond to the plaintiffs’ answer.

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

Kevin A. Sullivan of Sauter Sullivan LLC in St. Louis represents the plaintiffs.

John W. Patton, Jr., John A. Ouska and Zachary Vaughn of Patton & Ryan LLC in Chicago represents 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

Delaney

Commerce Bank has directed Bank of Edwardsville to freeze any assets of former St. Clair County clerk Bob Delaney.

Commerce Bank filed a citation to discover assets on Bank of Edwardsville in St. Clair County circuit court on Oct. 29, in pursuit of a judgment worth more than $90,000.

Commerce Bank sued Delaney and wife Janet in 2011, claiming they owed $59,342.97 on a promissory note.

Later that year the bank and the Delaneys filed a consent judgment of $80,101.78 in principal, interest and legal fees.

Last year the bank served a citation to discover assets on Bank of O’Fallon.

A checking account at Bank of O’Fallon showed a negative balance, however, and the Delaneys owed $22,075.84 on loans there, according to the lawsuit.

This June, Commerce Bank served a garnishment notice on the county.

The county would have started deducting $554.42 from Delaney’s pay every two weeks, but he resigned.

According to Commerce Bank’s citation on Bank of Edwardsville, the unsatisfied judgment has grown to $91,245.88.

The Delaneys also face foreclosure on their home at 48 Woodford Way in Collinsville.

JP Morgan Chase Bank sued them in August, claiming they hadn’t made a mortgage payment since April.

The bank calculated their debt at $215,856, with interest accruing at $27.35 a day.

October 24, 2013

• FRT 2011-1 Trust V. Yolanda Harris, Antonio McWherter, $191,692.94, 4414 Green Ash Court, Belleville. 13-CH-904

October 25, 2013

• CitiMortgage V. Sean W. Mackin, $18,937.06, 2002 Louise Street, Cahokia. 13-CH-905
• U.S. Bank V. Unknown Heirs and Legatees of Donald Chronister, Wendy Williams, $63,668.54, 1500 Green Mount Lane, Belleville. 13-CH-906
• JPMorgan Chase Bank V. Nancy Montague, $11,368.47, 1151 Jones Street, Cahokia. 13-CH-907

October 28, 2013

• U.S. Bank V. Jacqueline M. De Wispelare, $111,948.19, 105 Lake Forest Drive, Belleville. 13-CH-908
• Central Mortgage Company V. Unknown Heirs and Legatees of John B. Hartfield, $38,287.41, 1508 North 42^nd Street, East Saint Louis. 13-CH-909
• U.S. Bank V. Lauren L. Miller, Jonathan A. Miller, $45,470.84, 200 South 18^th Street, Belleville. 13-CH-910
• JPMC Specialty Mortgage V. Kimberly Hampton, $74,764.68, 801 Werner Road, Belleville. 13-CH-911

October 29, 2013

• U.S. Bank V. Estate of Thomas A. Pondoff, Kathi R. Pondoff, $72,160.37, 1600 East Belle Street, Belleville. 13-CH-912
• U.S. Bank V. Estate of Thomas A. Pondoff, Kathi R. Pondoff, $284,089.68, 4188 Ashwood Lane, Belleville. 13-CH-913
• U.S. Bank V. David Mudd, $115,241.54, 1305 Eisenhower Road, Mascoutah. 13-CH-914
• JPMorgan Chase Bank V. Leslie K. Martin Jr., Tyhessia A. Williams- Martin, $215,181.16, 1452 Manchester Drive, Shiloh. 13-CH-915

October 30, 2013

• Wells Fargo Bank V. Mathew L. Joyce, $44,818.85, 327 N. 41^st Street, Belleville. 13-CH-917
• CitiMortgage V. Vicky Teer, $45,681.44, 1719 Tudor Avenue, East Saint Louis. 13-CH-918
• First County Bank V. Sharon Williams Johnson, Henry L. Johnson, $43,824.20, 1411 Magdalena, Fairview Heights. 13-CH-919
• First County Bank V. Sharon Williams Johnson, Henry L. Johnson, $317,478.46, 10 South 35^th Street, Belleville. 13-CH-919
• First County Bank V. Sharon Williams Johnson, Henry L. Johnson, $317,478.46, 304 Estate Drive, O’Fallon. 13-CH-919

October 31, 2013

• PHH Mortgage Corporation V. Wes L. Parker, Marishka M. Parker, $132,262.92, 300 Laurel Drive, Fairview Heights. 13-CH-921
• U.S. Bank V. Jasmon L. Sanders, Keisha C. Springfield, $106,150.14, 205 Bunker Hill Road, Belleville. 13-CH-922

November 1, 2013

• Green Tree Servicing V. Alexia N. Lata, Steven T. Darner, $50,942.72, 17 S. Oakland Drive, Caseyville. 13-CH-924