Edwardsville attorney Brian Wendler is asking that personal injury settlements reached for his client late last year be enforced by Madison County Circuit Judge Barbara Crowder.
Wendler represents truck driver Mark Graham in a lawsuit that was filed more than eight years ago and culminated in a trial last July in Crowder’s court. A mistrial was declared the day trial started because both sides violated a motion in limine order.
In a motion to enforce settlement filed Jan. 24, Wendler wrote that an agreement transmitted by defendant Cassens & Sons following mediation on Nov. 15 included terms which were not part of the agreement and “were never discussed.”
“For instance, said defendant included Nancy Graham as a signator on the release,” Wendler wrote. “Mr. and Mrs. Graham have been divorced for many years. The divorce proceedings and Orders entered therein unequivocally establish Nancy Graham has no right to any proceeds in this action.”
Graham’s suit filed in 2005 also named Bostrom Seating Corp. and Cassens Corp. Graham claimed he suffered a low back injury when his rig’s seat and mounting brackets failed causing him to suffer severe injuries.
Wendler wrote that mediation on Dec. 6 between Graham and the other defendants resulted in settlements which called for having a “check in hand to Mr. Graham within two weeks.”
“That more than 6 weeks have passed,” Wendler wrote. “Mr. Graham has no settlement checks from either of the remaining defendants. Neither of the remaining defendants have so much as agreed to release terms. Plaintiff’s counsel even drafted a settlement release for the defendants to expedite matters but plaintiff has received nothing but silence from the defendants toward the ultimate resolution of this claim.”
Wendler said the defendants were “acting in bad faith and this should not be tolerated.”
Charles Armbruster also represents Graham.
Mike Bedesky of Edwardsville represents Cassens & Sons.
Mike Murphy of Belleville represents Bostrom Seating.
Madison County Circuit Court case number 05-L-659