Donald Flack of Korein Tillery
Huck's was named in seven recent lawsuits filed in Madison County by smokers and victims of lung cancer. This Huck's store is located on Pontoon Road in Pontoon Beach.
Attorney Donald Flack of the Belleville firm Korein Tillery filed seven lawsuits in Madison County Circuit Court against Martin & Bayley Inc., the parent company of Huck's convenient stores. The suits claim the retailer unfairly and deceptively schemed to get customers to buy "light" cigarettes.
Stephen Tillery, namesake of Korein Tillery, and three attorneys from SimmonsCooper are listed as co-counsel.
Korein Tillery has more than 10 suits pending in Madison County against Huck's. In most of those cases, Phillip Morris is also listed as a defendant. However, these cases only list Huck's, even though every complaint involves the sale of Philip Morris cigarettes.
The suits allege that Huck's placed cigarettes into the stream of commerce, and "engaged in misrepresentations, unlawful schemes and conduct that induced the plaintiffs' to purchase cigarettes through unfair and deceptive acts."
Huck's is accused of representing that Marlboro and Salem Lights cigarettes are "lights," which implies that they are lower in tar and nicotine. It is also alleged that each milligram of tar from Marlboro and Salem Lights actually increases the mutagenicity of the tar delivered to the consumer and increases the levels of most harmful toxins.
The complaints state that the plaintiffs would not have chosen "light" cigarettes had Huck's been truthful in its advertising.
As a direct and proximate result of Huck's unfair acts, plaintiffs claim they did not receive "light" cigarettes when they purchased Marlboro and Salem Light cigarettes.
Kelly and his mother are seeking damages in their 15-count suit under the Illinois Consumer Fraud Act (ICFA), wrongful death, negligence, and family expense. The case (05 L 123 has been to Circuit Judge Daniel Stack.
The five-count suit (05 L 124) seeks damages for violations of the ICFA, negligence, and product liability. The case has been assigned to Circuit Judge Andy Matoesian.
The five-count suit (05 L 128) seeks damages for violations of the ICFA, negligence, and product liability and loss of consortium. The case has been assigned to Circuit Judge Dan Stack.
Ousley's nine-count suit is seeking damages for wrongful death, violations of the ICFA, product liability and expenses related to funeral expenses. The case has been assigned to Circuit Judge Andy Matoesian.
Based in Carmi Ill, Martin & Bayley's operates 150 Huck's Food & Fuel stores in Illinois, Indiana, Missouri and Kentucky.