Ruth to preside at non-jury trial in racing engine suit

Amelia Flood Aug. 24, 2009, 8:46am

Madison County Circuit Judge Dennis Ruth is scheduled to preside over a trial of an alleged stolen motor on Aug. 27.

The trial, now scheduled to begin Aug. 27, had previously been set for July but had to be continued when a witness didn't show up.

The dispute pits John Prior against defendant Charlie Cairns, the owner of a Granite City racing engines concern, over what Prior claims was the theft of his motor and the damages he claims to have suffered.

According to the complaint, Prior took his motor to Cairns for repair work. He allegedly paid $10,500 for the services of Cairns' business, Pro Craft Racing Motors.

When he tried to arrange to pay Cairns the remaining balance, he claims his calls weren't returned.

Prior alleges he came to find out that the motor had been sold to someone else.

He is seeking the return of the racing motor, at least $50,000 in damages, costs and attorneys' fees.

When the July 24 trial was set to begin, witness "Ron Fisher, as named in court records, did not appear. Ruth ordered Fisher to appear or face contempt of court charges.

The Thursday trial is set to start at 9 a.m.

The case is Madison case number 06-L-1072.

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