Plaintiff doesn't show, Weber throws out case

Steve Korris Mar. 22, 2006, 10:33am

Tracy Sanders of Chicago succeeded in switching from defendant to plaintiff in a Madison County highway crash case, but she failed to take advantage of the transition.

Sanders did not show up for a March 17 hearing on a counter claim she filed against original plaintiff Susan Twibell and cross claims she filed against two defendants.

Her attorney had withdrawn from the case in January. No new attorney appeared for her, so Circuit Judge Don Weber dismissed the case.

Twibell filed the suit in 2002, after an accident on Interstate 55.

According to Twibell, Sanders shared the blame for the crash with truck driver Tracy Heath and the owner of the truck, Curry Ice and Coal.

Sanders retained attorney Lon Weaver, who in 2004 filed a counter claim against Twibell. Weaver also filed cross claims against Heath and Curry Ice and Coal.

Circuit Judge Phillip Kardis dismissed Twibell's claims with prejudice last May, but he declared that the cross claim and counter claims would remain before him.

Twibell moved to dismiss the counter claim, but in June Kardis denied the motion.

Twibell's attorney, Dominique Seymoure, moved in September to compel Sanders to produce evidence. Attorney Keith Henson filed a similar motion for Curry Ice and Coal.

Seymoure moved in November for sanctions against attorney Weaver. Seymoure wrote that Sanders did not comply with court orders and did not document any injuries.

Seymoure wrote that Sanders showed no interest in prosecuting her case.

Henson filed a similar motion in December.

Weaver asked Weber for leave to withdraw as counsel for Sanders. Weber granted it Jan. 6, and notified Sanders that she had 30 days to hire another attorney or act "pro se."

Seymoure moved in February to dismiss the counter claim, and Henson moved to dismiss the cross claim.

Weber gave Sanders a last chance, setting a hearing March 17. When she failed to appear, Weber threw the case out.

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