A man who sued Wal-Mart and the Edwardsville Moose Lodge wants a Madison County judge to order his ex-wife to endorse the settlement check so he can cash it.
Chad Mathis, who settled for an undisclosed amount on March 3, claims a check was issued June 24 to his lawyer, Mallon Law Firm, himself and ex-wife Janis Mathis.
Mathis sued in March 2005, alleging he was injured after falling from a patio stool at the Moose Lodge 1561 in Edwardsville.
Mathis claimed that Wal-Mart negligently and carelessly sold a patio stool with a defective weld.
He was seeking at least $100,000 in damages for his injuries from Wal-Mart and also at least $50,000 in damages from the Moose Lodge, which--according to the suit--failed to inspect the stool for defects.
Mathis claimed his knees, lower back, tailbone, back and other areas were injured after the stool collapsed. The incident took place Sept. 18, 2004, at the Moose Lodge patio.
On Oct. 9 attorney Lance Mallon of Wood River filed a motion to compel Janis Mathis to sign the settlement check.
According to the motion, "several" requests have been made but without response.
Mathis' motion asks Madison County Circuit Judge David Hylla to order his wife to sign the check, or order a new check be issued bearing only his name and the law firm.
Hylla will hear arguments at 9:30 a.m. on Nov. 7.