Madison Record -

Godfrey accident is subject of suit

Mon, 08 Feb 2010 12:59:00 CST

A woman has filed suit against the driver who she says collided with her vehicle.

Cynthia M. Crawford claims she was driving south on Humbert Road in Godfrey on July 26, 2009, when defendant Alysan F. Brown, who was driving in the same direction, struck her vehicle.

Because of the collision, Crawford suffered injuries to her back, neck, body, hips, legs and eyes; was hindered from attending to her usual affairs; and incurred medical costs, the suit filed Jan. 28 in Madison County Circuit Court states.

Brown negligently failed to reduce her speed, failed to keep a proper lookout and drove too fast, according to the complaint.

Crawford is seeking a judgment of more than $50,000, plus costs.

Joseph E. Hoefert of Alton will be representing her.

Madison County Circuit Court case number: 10-L-89.

Tree worker hurt on Highland property, suit claims

Mon, 08 Feb 2010 12:56:00 CST

A Macoupin County man claims he sustained serious injuries while removing trees from a Highland property.

James Licklider filed a lawsuit Jan. 27 in Madison County Circuit Court against Peter Pisaneschi, Janet Pisaneschi, Steve Potts' Tree Service and Steve Potts.

Licklider claims he worked as an independent contractor for Steve Potts' Tree Service on Jan. 30, 2008, and went the the Pisaneschis' house at 125 Hackberry Lane to remove trees and to perform other yard and maintenance work.

"That as a result of said tree removal and/or other yard and property maintenance and remediation being performed on the subject premises the Plaintiff sustained severe and permanent injuries and damages," the suit states.

Although he doesn't specify how he became injured, Licklider says his injuries caused him to incur medical costs and to suffer extreme and permanent physical pain and suffering to his head, face, neck, mouth, teeth, shoulders, trunk, abdomen, spine, arms, hands, legs and feet. In addition, he has suffered extreme emotional distress and is disfigured and disabled, the complaint says.

The Pisaneschis allowed an unreasonably dangerous condition to exist on their property that they should have known posed an unreasonable risk of harm to Licklider, he claims.

Steve Potts' Tree Service and Steve Potts failed to exercise reasonable care in its supervision of work being performed on the premises, according to the complaint.

In his four-count suit, Licklider seeks a judgment of more than $200,000, plus other relief the court deems just.

Rhonda D. Fiss of the Law Office of Rhonda D. Fiss in Belleville will be representing him.

Madison County Circuit Court case number: 10-L-78.

East Alton accident is subject of suit

Mon, 08 Feb 2010 12:55:00 CST

A woman has filed suit against the driver who she says ran a red light and struck her.

Shannon M. Lucas claims she was driving a 1999 Ford south on Virginia Street at its intersection with West St. Louis Avenue in East Alton on Jan. 27, 2008, at about 2:46 p.m. when defendant Kelly J. McKeone struck her after failing to obey a red light.

According to the complaint filed Jan. 26 in Madison County Circuit Court, Lucas claims she suffered severe and permanent injuries and was hindered and prevented from attending to her normal activities because of the accident. In addition, she suffered great pain and anguish, incurred medical costs and sustained disability, the suit states.

McKeone negligently failed to maintain control of her vehicle, failed to keep a proper lookout, drove too fast in regard to the traffic on the road, failed to reduce her speed to avoid a collision and failed to obey a red light, the complaint says.

Lucas is seeking compensatory damages of more than $50,000.

She will be represented by Doug Mendenhall of Smith, Mendenhall and Selby in Alton.

Madison County Circuit Court case number: 10-L-77.

Illinois Supreme Court sends personal injury lawyers the ultimate Valentine

Sun, 07 Feb 2010 14:54:00 CST

Akin

The Illinois Supreme Court lovingly gift wrapped the ultimate Valentine's Day present for personal injury lawyers by striking down the state's historic medical malpractice reform law in a recently released decision.

In a 4-2 decision in the Abigaile Lebron v. Gottlieb Memorial Hospital case, the Illinois Supreme Court struck down the state's medical malpractice reform law, ruling that the caps provisions in the law violated the Lebron case in November of 2007. The case went to the Illinois Supreme Court for further review. Voting to strike down the law were justices Thomas L. Kilbride, Charles E. Freeman, Thomas R. Fitzgerald and Anne M. Burke.

The justices voting in favor of striking down the law stated that the law violated the separation of powers by limiting what a judge could award in non-economic damages in medical malpractice cases. The comprehensive medical malpractice reform law was approved in 2005. It included medical, insurance and legal reforms. While there were no limits on economic damages, the law capped damages for pain and suffering to $500,000 for doctors and $1 million for hospitals.

In his dissent, Justice Lloyd A. Karmeier stated: "Our job is to do justice under the law, not to make the law. Formulating statutory solutions to social problems is the prerogative of the legislature... If courts exceed their constitutional role and second-guess policy determinations by the General Assembly under the guise of judicial review, they not only jeopardize the system of checks and balances on which our government is based, they also put at risk the welfare of the people the government was created to serve."

The High Court's decision is indeed a case of judicial activism. After all, the 2005 law was the result of a bipartisan effort to address the serious issue of doctors leaving the state of Illinois because of the out-of-control medical malpractice premiums. Doctors could no longer afford to practice medicine in Illinois and thousands of patients were left wondering how they were going to access the medical care they needed.

It was a legislative solution to a serious problem and by all accounts, the law was working. The healthcare crisis facing Illinois had been averted. For the third consecutive year, ISMIE Mutual Insurance Co., the state's largest insurer of physicians, announced earlier this year that their base premium rates would not be going up.

But now the future of healthcare in Illinois is in jeopardy and there is no guarantee that things will ever be the same in Illinois.

We got lucky the last time we faced a healthcare crisis. The General Assembly acted quickly to fix the problem by passing the 2005 medical malpractice reform law. Once the law took effect, doctors stopped leaving and new doctors started arriving. But now that the law has been overturned, we cannot be certain doctors will ever come back to Illinois even if the Legislature acts quickly to address the impending crisis.

Personal injury lawyers are the only winners with the Supreme Court's decision. They got a sweetheart deal just before Valentine's Day. The rest of us not only were left empty handed on Valentine's Day, but we also got dumped.

Rest assured there is a healthcare crisis on the horizon. The call to arms starts right now. All of Illinois must stand together and demand reform. The future of healthcare in Illinois depends on it.

State pension reform needed, now!

Sun, 07 Feb 2010 12:13:00 CST

To the editor:

Illinois has a general fund budget deficit of more than $14 billion. Furthermore, the Illinois Teacher Retirement System (TRS) has a $41 billion deficit, which is worst in the nation. Illinois' unfunded TRS deficit has been increasing for 20 years. As deficits continued to increase, local politicians approved a series of bad short-term plans: borrowing, bonding, and re-bonding. These bad choices have made the TRS pension deficit worse.

In Massachusetts, Gov. Deval Patrick (D) proposed new limits on pension payouts for state employees. His plan was developed from recommendations of a pension overhaul commission and reduced pension deficits by eliminating the most generous retirement plans that were available for selective state employees. Patrick capped certain early retirement incentives, increased retirement ages and changed the formula for pension calculations. While some of the reforms applied to new and current state employees, others only applied to new employees. The bottom line for Massachusetts was a $2 billion savings, a financially sound pension for state employees and a 2011 budget with no broad based tax increases.

Illinois citizens could benefit from something like the Massachusetts pension plan reforms to reduce pension liabilities. Oregon, Washington and Ohio offer hybrid pension plans that combine elements of both defined benefits and defined contribution plans. Other states are raising the retirement age and closing loopholes within pension systems, which had allowed state employees and politicians to inflate their pension benefits at the expense of the citizens. Among other reforms, 13 states have established irrevocable trusts to pay retiree health care in years to come. Irrevocable trusts do not allow politicians to get their hands on special funds.

The current local politicians have displayed a stunning lack of fiscal responsibility and poor judgment in keeping pension plans from heading toward bankruptcy. Because they used inappropriate, risky and inadequate devices, coupled with the routine transfer of funds from the TRS to the general fund to pay for pork projects, current local politicians should be challenged by voters to pass a comprehensive Pension Reform Fairness Act in 2010.

This is an election year and generally local politicians don't want to make tough decisions. This year must be different, since citizens know that pension reform is needed to return the State of Illinois to a sound financial condition and keep our taxes low.

Dwight Kay
Republican candidate for State Representative
District 112

Decision harms health care reform

Sat, 06 Feb 2010 22:37:00 CST

In his 2003 book, Coercing Virtue: The Worldwide Rule of Judges, onetime Supreme Court nominee Robert Bork warned about "the seizure by judges of authority properly belonging to the people and their elected representatives."

Noting "the recent ascendancy almost everywhere of activist, ambitious, and imperialistic judiciaries," Bork wondered why "the role of courts in displacing self-government and forcing new moralities has not triggered a backlash. Courts have been and remain far more esteemed than the democratic institutions of government," he observed, "even though the courts systematically frustrate the popular will as expressed in laws made by elected representatives."

Seven years later, the usurpations continue. Last Thursday's overturning of caps on medical malpractice awards by the State Supreme Court is just the latest example.

The high court reversed a 2005 state law capping non-economic damages such as pain and suffering at $500,000 for physicians and $1 million for hospitals. This is not the first time the Court has reversed the will of the people and their elected representatives on the subject of medical malpractice reform.

Chief Justice Thomas Fitzgerald found the cap "arbitrary." Perhaps not as arbitrary, or capricious, as four judges thwarting a legitimate legislative effort to address a serious, enduring problem, but "arbitrary" just the same.

"The crux of our analysis is whether the statute unduly infringes upon the inherent power of the judiciary," Fitzgerald wrote in the majority opinion praised by the plaintiff's bar.

The audacity of that statement takes the breath away. The Court usurped the powers of another branch of government � it did the very thing it accused the legislature of doing. Apparently that's okay because what it did protected its power.

Fitzgerald professed concern for "separation of powers" while amassing powers that we do not think belong to him.

Neither he nor the Court deserves esteem for this decision. The court has overreached, and the legislature needs to pass new, carefully crafted legislation that creates caps on medical damages and also meets the imposed standards of the court.

The plaintiff's bar seems to be the obstructionist bar against health care reform; it's time Illinois' citizenry raised its voice against their pro-lawsuit maneuvering.

Plaintiff's motion reset in alienation of affection case

Fri, 05 Feb 2010 15:23:00 CST

A motion to deny a defense attorney pro hac vice status in a Glen Carbon man's alienation of affection suit against his ex-wife's lover has been reset.

Plaintiff Hugh Brandt, who is representing himself, was present at the 9 a.m. motion call before Madison County Chief Judge Ann Callis Friday.

Attorneys Richard Bender and Daniel Ferman were not. Ferman has sought pro hac vice status in the case.

Brandt has moved to deny him that status, alleging that it is not guaranteed and that Ferman has failed to submit the needed application.

Callis, after conferring briefly with Brandt, said she would enter an order compelling the two attorneys to appear at the next hearing, resetting the motion and requiring Ferman to fill out the necessary paperwork.

She did not indicate to what date the hearing would be reset.

Brandt is suing Rusty Churchman for damages of about $200,000 and costs.

According to his complaint, Brandt was informed by his wife of 14 years that she had fallen in love with Churchman. She then left Brandt and moved in with Churchman.

The Brandt couple divorced.

Hugh Brandt argues that Churchman intentionally caused the end of his marriage.

He alleges that he has lost his wife's love, support and earnings and that the couple's children had lost contact with their mother since her move.

Brandt's case is one of over 140 that Callis transferred in December from Madison County Circuit Judge Daniel Stack.

Stack plans to retire later this year.

The case is Madison case number 09-L-1131.

Man claims injuries in Washington Park accident

Fri, 05 Feb 2010 14:27:00 CST

A St. Clair County man says he sustained severe and permanent injuries when a driver hit the vehicle in which he rode.

George L. Washington filed a lawsuit Jan. 28 in St. Clair County Circuit Court against Timmy J. Francis and Frank L. Donaby.

Washington claims he rode in a vehicle Donaby drove north on Kingshighway at its intersection with Bunkum Road in Washington Park on Feb. 16, 2008, when Francis, who drove south on Kingshighway at the same intersection, disobeyed a traffic control device and turned left in front of Donaby's vehicle. At the time of the accident, Donaby also ran a red light, according to the complaint.

Because of the accident, Washington's muscles, ligaments, membranes, nerves and blood vessels on his chest, back and body became displaced, bruised, torn and injured and his nervous system sustained great shock and aggravation, according to the complaint. In addition, he suffered disability, severe pain and mental anguish and incurred medical costs, the suit states.

Washington blames the defendants for causing the accident, saying Francis negligently failed to keep a proper lookout, failed to decrease his speed, failed to stop in time to avoid a collision, failed to reduce his speed, failed to obey traffic control devices and failed to yield the right-of-way.

Donaby negligently failed to keep a proper lookout, failed to decrease his speed, failed to stop in time to avoid a collision, failed to reduce his speed to avoid an accident and failed to obey traffic control signals, the complaint says.

In the two-count suit, Washington seeks a judgment of more than $30,000, plus costs.

John B. Raffaelle of Collinsville will be representing him.

St. Clair County Circuit Court case number: 10-L-37.

Freeburg-Douglas Road accident is subject of suit

Fri, 05 Feb 2010 14:24:00 CST

A woman claims she suffered severe injuries to her neck when a driver struck her in the middle of an intersection.

Jenene Biggerstaff filed a lawsuit Jan. 27 in St. Clair County Circuit Court against Ryan and Dennis Tewell.

Biggerstaff claims she drove her 2004 Cadillac Deville in the intersection of Illinois 159 and South Freeburg-Douglas Road when Ryan Tewell, who drove a 2001 Honda Accord belonging to his father, Dennis Tewell, struck her.

In addition to her neck injuries, Biggerstaff suffered severe and permanent pain, mental anguish and disfigurement and incurred medical costs because of the accident, according to the complaint. In addition, she became prevented from attending to her usual duties and lost wages.

She blames Ryan Tewell for causing the accident, saying he failed to keep the vehicle under proper control and failed to keep a proper lookout. Dennis Tewell negligently entrusted his vehicle to his son, knowing that by doing so, he create an unreasonable risk of harm, the suit states.

In the two-count suit, Biggerstaff seeks a judgment of more than $150,000, plus costs.

Thomas Q. Keefe III and Charles E. Hamilton of Belleville will be representing her.

St. Clair County Circuit Court case number: 10-L-34.

Motion to dismiss hearing reset in sexual harassment suit

Fri, 05 Feb 2010 14:22:00 CST

The defendants' motion to dismiss a sexual harassment suit brought by their former business manager has been reset to April.

Madison County Circuit Judge Dennis Ruth was scheduled to hear motions in the case Friday at 9 a.m.

Plaintiff Colleen Vesper is suing Gary Moore and the Illinois Thoroughbred Breeders and Owners Foundation for damages in excess of $30,000, unspecified damages and attorney's fees.

Defendants filed a motion to dismiss claiming Vesper failed to follow the proper procedure to file a complaint with the Illinois Human Rights Office.

Vesper alleges that Moore harassed her and ultimately forced her to lose her job after she refused to have a romantic relationship with him.

Vesper is suing the defendants under the Illinois Human Rights Act and their motion contends that she must have filed the complaint with them in order to pursue her suit.

Ruth had been set to hear the motion in January. It was moved to Friday.

It was reset again to 9 a.m. April 9.

Vesper is represented by Stephen McGlynn.

The defendants are represented by Steven Schwartz.

The case is Madison case number 09-L-1021.