Sept. 28: Bustling day in Madison County

Steve Gonzalez Sep. 26, 2005, 7:01am

A massive docket call involving hundreds of pending Madison County civil cases--from "slip and falls" to national class actions--is scheduled for Circuit Judges Daniel Stack, Nicholas Byron, George Moran and Andy Matoesian on Sept. 28.

Here is a sample of some of the cases that the judges will have before them:

  • K-Mart, sued by Ashley Peach of Granite City because the store did not refund a gift card balance in cash, will make its case to dismiss before Judge Byron.

    The motion was filed in February. However, it has been continued several times. Peach also filed similar class actions against retailers Wal-Mart and Fashion Bug--which was dismissed in April.

  • The first class action case filed in Madison County Circuit Court after President George W. Bush signed the Class Action Fairness Act into law Feb. 18 will be up for a case management conference on (CMC) Sept. 28.

    Represented by Alton attorney Lanny Darr, Locklear Electric, of Wood River, filed the suit Feb. 25, alleging it received one or more unsolicited faxes from National Association of Preferred Providers advertising the availability of health care insurance. A recently scheduled class certification hearing has been continued until discovery is completed.

    Since filing its first class action lawsuit for "unlawful taking of toner ink, paper and electricity," Locklear has filed three more similiar class action suits in Madison County--as recently as Sept. 26.

  • MetLife will attempt to dismiss a case filed by Granite City chiropractor Lawrence Shipley, who alleges the insurance company wrongfully and deceptively reduced payments to him by claiming the benefits of a purported PPO agreement. Shipley, who claims he was not party to such an agreement, is represented by the Lakin Law Firm in Wood River.

    Shipley has filed at least 12 class action cases in Madison County.

    Judge Byron will hear arguments.

  • Paula Edgar’s wrongful death suit against Medstar Ambulance and BJC will be in court for a case management conference before Judge Matoesian.

    Edgar claims Medstar failed to treat her father's deteriorating condition and deal with a life threatening inability to breathe sufficient oxygen on June 11, 2003. Medstar and BJC both have pending motions to dismiss the claim which also will be heard.

  • State Farm will try to convince Judge Stack to dismiss a class action case filed on Feb. 17. Vondella Jones alleges State Farm has failed to pay the full amount on claims from accidents that caused them injuries. Jones is represented by Korein Tillery of St. Louis.

  • Paul and Ladonna Wratchford of Wood River, who claim lender CBSK violated the Illinois Consumer Fraud Act and were unjustly enriched by charging a $50 credit report fee while closing on a second mortgage, will be in court on a case management conference.

    The Wratchfords claim the lender paid less than that for a credit report and kept the remainder.

  • A class action suit filed against NovaStar Home Mortgage on Oct. 29, 2004, by Karen Miller of Madison, accuses the lender of making kickbacks to affiliate branches "to ensure a ready pipeline of nonconforming loan originations." A case management conference will be held on the 28th, and Novastar’s motion to dismiss will be heard two days later.

  • A suit brought by Jamie Kissell of Gillespie, who alleges Wells Fargo Home Mortgage breached its contract when it charged a $10 fax fee on closing her mortgage, will have all pending motions heard by Judge Byron.

    On Oct. 21, the case will be up for class certification hearing.

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