Ruth to hear motions in on-going accident suit

Amelia Flood Jan. 4, 2010, 7:00am

Motions to enforce a $125,000 personal injury verdict and to pay an expert witness in a rear-end accident case will be heard Jan. 8 by Madison County Circuit Judge Dennis Ruth.

Defendant Michael Sunley moved to enforce the verdict reached in May.

Sunley rearended plaintiff Walter Spearman in Edwardsville causing Spearman to injure his neck.

Spearman's doctor has also filed a physician's lien in the case and
Spearman has been filing his responses to the moves.

The case has gone through two trials and three plaintiff attorneys to date.

Spearman's last attorney, Rodney Caffey, withdrew from the case Dec. 18 after conflicts with Spearman.

Spearman said in court during various hearings he was dissatisfied with Caffey's work.

The first verdict was thrown out by the appellate court because the jury only awarded Spearman damages for his medical bills and nothing else.

An order entered by Ruth in the second trial stipulated the medical bills. The jury then added damages for pain and suffering and other claims.

Spearman, acting pro se, was recently granted time by the appellate court to file the case's record up to Jan. 14.

Ruth set the Jan. 8 hearing after the physician's lien was filed and Spearman improperly addressed multiple issues in his response motion to Caffey's withdrawal.

The hearing is set for 9 a.m.

Spearman represents himself.

Sunley is represented by Stephen Mudge.

Dr. William Sprich is represented by Thomas Keefe Jr.

The case is Madison case number 04-L-007.

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