Police officer dismissed in Pizza Hut personal injury case
Madison County Circuit Judge Dennis Ruth has immunized Troy policeman Clarence Jackson from attorney Amanda Verett's claim that he injured her at Pizza Hut.
In a Dec. 5 order, Ruth applied state law providing immunity from negligence claims for public employees executing or enforcing the law.
Verett's attorney, Thomas Maag of Edwardsville, had argued that Jackson forfeited immunity because he wasn't enforcing or executing any law.
Verett claimed Jackson negligently grabbed and jerked a door as she held it open, causing a sudden movement that injured her shoulder and arm.
Jackson's attorney, Christine McClimans of Alton, wrote in a Nov. 26 summary judgment motion that, "Plaintiff does not know exactly what happened!"
"It is questionable whether she was even injured," McClimans wrote.
The summary judgment motion no longer matters, because Ruth ruled on a motion to dismiss that Jackson filed in August.
Verett sued Jackson and Pizza Hut last year.
Jackson didn't answer, so Circuit Judge Nicholas Byron awarded a $311,700 default judgment to Verett.
Jackson appeared and moved to vacate the judgment, claiming he expected the city to answer the suit.
Byron vacated the judgment.
Pizza Hut remains a defendant, with a summary judgment motion pending.