Plaintiff files pro-se motion opposing judgment enforcement

Amelia Flood Jan. 6, 2010, 8:36am

The plaintiff in a long-running suit over an Edwardsville rear-end accident has filed a motion on his own behalf opposing the enforcement of the $125,000 judgment a jury awarded him.

Plaintiff Walter Spearman argues in the motion that his medical award is being wrongly held due to problems related to his former attorney.

He is currently representing himself.

Pending motions in the case will be heard Friday at 9 a.m.
Spearman has gone through three attorneys since his suit against Michael Sunley began.

The latest, Rodney Caffey of Wood River, withdrew last month.
Spearman had expressed his displeasure in interviews and at hearings with what he considered Caffey's lack of work and communication
about his case.

In his motion opposing Sunley's request to enforce the judgment, Spearman contends that Caffey wrongly agreed to allow Sunley to hold his nearly $63,000 medical award.

The award was part of the overall verdict.

"That Plaintiffs [sic] attorney ... should not have agreed as the Plaintiff's attorney to let the Defendants [sic] attorney hold Plaintiff's medical award ... which violates client-attorney confidentiality," Spearman's motion reads.

He asks the court to deny Sunley's motion and order him to turn over the medical award so that Spearman can adjudicate any liens.
Dr. William Sprich, who treated Spearman following the accident, filed a physician's lien last month.

Spearman opposes the move, arguing Sprich is seeking more than he is entitled to for his work.

The Spearman case has gone through two trials.

The first jury awarded him about $62,000 for his medical costs but no other damages.

The appellate court threw out the verdict and the case's second trial ended May 20.

Spearman's previous attorneys were David Hesi and Robert Edmonds, according to his filings.

Sunley is represented by Stephen Mudge and Tori Walls.

Sprich is represented by Thomas Q. Keefe Jr. and Samantha Unsell.

Madison County Cirucit Judge Dennis Ruth is presiding.

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

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