Maag's novel discovery request quashed by Judge Ruth

Steve Korris Apr. 23, 2009, 11:28am


Master of the unexpected, Tom Maag of Edwardsville invented a new kind of notice as he prepared for a personal injury trial against Pizza Hut and a Troy policeman.

Upon receiving defense notices of discovery depositions for two witnesses, Maag served cross notices of evidence depositions for the same witnesses, times and places.

Maag's novel notices didn't earn a patent.

Madison County Circuit Judge Dennis Ruth quashed them at an April 17 hearing, over Maag's objection.

"The court finds the rules do not allow a party to cross notice a discovery deposition for purposes of an evidence deposition," Ruth wrote.

Maag's client, attorney Amanda Verett, claims Pizza Hut and Troy policeman Clarence Jackson injured her in 2007.

Maag's complaint alleged that as Verett held the door for Jackson and others, Jackson willfully and wantonly grabbed and jerked the door.

He claimed Pizza Hut failed to exercise ordinary care for safety and maintained a door that was "reasonably likely to injure persons such as plaintiff."

He wrote that "for no apparent reason, the door of the Pizza Hut, which was being held by plaintiff, suddenly and sharply moved, resulting in plaintiff being injured."

Ruth set trial Nov. 16.

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