Defendant asks for more time to file post-trial motions in Alton foot amputation case

Amelia Flood Jan. 12, 2010, 5:29am


Defendant Enver Hamiti has asked Madison County Circuit Judge David Hylla for another time extension to file post-trial motions.

Hamiti and plaintiff Steven Kirk, who won a $1.375 million verdict against Hamiti for the loss of his right foot in 2006, are attempting to resolve issues in negotiations, Hamiti's Jan. 8 motion reads.

Hylla is set to hear motions in the case Jan. 19.

Kirk claimed that Hamiti ran an Alton stop sign, hitting Kirk and his motorcycle. Kirk's injuries were severe enough that he lost his right foot and the lower part of his right leg.

Although Kirk admitted to drinking on the day of the accident, a defense witness who claimed to have seen the accident lied on the stand, as proven by her handwritten rental application that showed she did not live in the apartment overlooking the accident site until six months after it occurred.

Kirk's attorney, Chris Kolker, alleged that Hamiti's insurance company paid the self-described mentally ill woman to testify.
That charge was refuted by defense attorney Mark Kurz, who stressed during trial that Kirk's drinking may have led to that accident.

Following the trial, Kolker filed a motion asking for sanctions against Mercury Insurance Company for its alleged role in the witness's false testimony.

The case is Madison case number 07-L-165.

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