Moto Mart, Chouteau Township trials set for Crowder's courtroom Monday

Amelia Flood Sep. 10, 2009, 7:55am


Madison County Circuit Judge Barbara Crowder has two trials set to begin at the same time Monday, although it is likely one will be moved.

One is the seven year-old case of Mitchell residents, located within Chouteau Township, suing over water drainage issues. The other stems from a fall on a wet floor at an Edwardsville Moto-Mart.

Both trials are scheduled to begin at 9 a.m.

In the Chouteau Township suit, homeowners in the Lesko subdivision are suing one of the developers, a real estate company, Madison County and the Metro East Sanitary District over water flow issues.

The plaintiffs – Darla Bauer, Vickie Davis, William Smith and Pamela Winn – are suing on the grounds of ongoing injury, nuisance, trespass, and obstruction of drainage, according to their fourth amended complaint.

According to that complaint, the plaintiffs all own homes in the subdivision developed by defendant Zora Lesko and her now deceased husband. The plaintiffs claim Lesko failed to maintain or filled in drainage easements and ditches that were part of their development plans, causing water to accumulate on the plaintiffs' properties.

Defendant David Clements owns a home in the adjacent Greenway Village Addition and he was also charged with wrongfully filling in a drainage easement. He was dismissed from the suit.

The plaintiffs allege that Madison County and the sanitary district have also contributed to the water drainage problems and that the issues constitute a nuisance.

The plaintiffs seek $50,000 per count and a court order enjoining the defendants from continuing the nuisance.

The Moto Mart suit stems from plaintiff John Linkes' fall at the Edwardsville gas station in May 2007. Linkes and his wife, co-plaintiff Linda Linkes, are seeking damages for negligence and loss of consortium. They seek damages of $50,000 per count and costs.

According to their complaint, John Linkes fell and was injured due to a wet floor. Moto Mart, owned by defendant FKG Oil Company, failed to maintain its property, caused the wet floor and failed to warn John Linkes. the Linkes allege.

FKG argues in its answer that John Linkes contributed to the accident.

The Linkes are suing on the grounds of pain, suffering, loss of a normal life and for medical bills.

In the Lesko case, parties are represented as follows:

Darla Bauer is represented by Francis X. Duda.

Vikie Davis and William Smith are representing themselves.

No attorney is listed for Pamela Winn.

Zora Lesko is represented by Debra Meadows.

No attorney is listed for defendants Fred, Jerry and Phyllis Hardesty, owners of Hardesty Realty Company.

The sanitary district is represented by James Cook.

Madison County is represented by Donald Ohl.

In the Moto Mart case, the parties' representation includes:

Gordon Broom represents the plaintiffs.

Beth Boggs is the attorney for FKG Oil.

The Lesko case is Madison case number 02-L-846.

The Moto Mart case is 08-L-410.

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