Attorney for Tennessee plaintiff predicts appellate court will keep case in Madison County

Steve Korris Aug. 9, 2007, 10:31am

Tennessee trucker Gary Clark wants the Fifth District appellate court to overturn Madison County Circuit Judge Daniel Stack's order sending his personal injury suit to Tennessee.

Stack dismissed the case last year so Clark could file it in Tennessee, where he claims his injury occurred.

At a July 9 hearing Stack denied a motion to reconsider his decision.

Clark sued Georgia trailer maker Cottrell Inc. in 2004, alleging he suffered an injury due to defects in a Cottrell trailer.

At Stack's hearing his attorney, Brian Wendler of Edwardsville, said Clark lived in the Nashville area and the injury occurred near Knoxville.

Wendler argued that the suit belonged in Illinois because the trailer was sold and licensed in Illinois.

He told Stack that other Madison County judges have allowed plaintiffs from other states to sue over injuries that happened in other states.

He predicted that if Stack denied reconsideration, the Fifth District would reverse him.

More News