Madison County Circuit Judge Barbara Crowder has been reassigned to a lawsuit alleging a man was shot in the face with an errant bullet from a field a mile away in Cottage Hills while sitting in his Bethalto home.
According to the complaint filed in April, Clifford Spickerman claims he was in his home on the 500 block of Strobeck Lane in July 2011 when his face was allegedly grazed by a bullet from a Mosin Nagant rifle. At the time of the incident, defendants Brent M. Masiero, David M. Chenot, Brandon J. Gibbons and Frankie L. Zarantonello were target shooting in a field at the corner of 80 Street and Walnut Drive in Cottage Hills, which is about a mile from Spikerman’s home.
Spikerman claims one of the four defendants fired a round from the rifle, which can travel great distances. He accuses the men of negligence for reckless discharge of a firearm without a suitable barrier to prevent bullets from leaving the area.
Crowder scheduled a motion hearing regarding Masiero’s motion to dismiss for Dec. 6 at 9 a.m. On Oct. 30, Crowder also scheduled a case management conference for Feb. 26, 2014, at 9 a.m.
According to the motion to dismiss, Masiero claims Spickerman is unable to determine who fired the bullet causing the injury, which prevents him from having a cause of action.
Stephen C. Mudge of Reed, Armstrong, Gorman, Mudge & Morrissey represents Maseiro.
Lanny Darr of Alton represents the plaintiff.
Madison County Circuit Court case number 13-L-534