More motions to be heard Thursday in Martin vs. Groves et. al

Amelia Flood Jun. 3, 2009, 12:25pm

More motions will be heard Thursday in a 2007 Pontoon Beach negligence case that has sparked a number of counterclaims as it has added and lost defendants.

Madison County Circuit Judge Barbara Crowder spent much of Monday hearing various motions in limine and responses from attorneys from both sides of the aisle. While originally set to hear motions Thursday afternoon, Crowder reserved the morning for motions in the case at the request of the attorneys for defendants Jose Velazquez and Werner Enterprises Inc.

The trial in the case is set for Monday at 9 a.m. according to the court docket.

Crowder has already ruled on motions barring evidence under the state's "Dead Man's Act," and granted defendant CP/IPERS a summary judgment. Another defendant, logistics company YRC, settled with both plaintiffs.

The suit originally began in 2007 when Cynthia Martin sued Julia Groves, the special representative of the estate of David Groves for negligence. Cynthia Martin's husband, Russell, had been riding in a car driven by David Groves when it struck a tractor trailer. The tractor trailer, driven by Jose Velazquez, was backing out of a warehouse logistics facility in Pontoon Beach.

Both Russell Martin and David Groves sustained severe injuries. David Groves died Nov. 30, 2006 of those injuries.

The suit quickly spawned several counterclaims when it was amended to include the warehouse's leasing company, CP/IPERS, tenant, Proctor and Gamble Manufacturing, logistics company hired by the tenant, YRC, Velazquez and his employer, trucking company Werner Enterprises Inc.

The original suit asked for in excess of $50,000 in damages and costs. Attorneys for the defense speculated Monday during the hearing that the case could be worth tens of millions of dollars.

The case is Madison case number 07-L-224.

More News