Personal injury cases at heart of last '09 and first '10 St. Clair County suits

Amelia Flood Jan. 14, 2010, 6:37am

Personal injuries are subjects of the final lawsuit filed last year and the first suit filed this year in St. Clair County.

The final 2009 suit was brought by a mother on behalf of her son, who injured his hand at a school. The first 2010 suit was brought over an insurer's alleged refusal to pay out for an auto accident victim's medical bills.

Neither St. Clair County suit has been assigned yet, according to the case files.

In the final 2009 lawsuit, filed Dec. 31, plaintiff Lise Westfall is suing True Vine Christian Academy School on behalf of her now four year-old son, Alex Westfall.

Westfall alleges that while at True Vine, located at 2241 County Rd. in St. Clair County, the child injured his hand in a bathroom door in June 2009.

She is suing the school for two counts of personal injury and violation of the Premises Liability Act for allegedly failing to warn Alex of unsafe conditions, failing to provide adequate premises and failing to supervise her son and his classmates.

The suit seeks damages in excess of $50,000 per count.

Bill Walker of Granite City represents the Westfalls. There is no attorney or answer listed for the defendant.

In the first 2010 suit, filed Jan. 4, plaintiff A. Maritza Lemke is suing USAA Insurance Company of San Antonio, Texas for allegedly refusing to pay medical bills she submitted following a June 2008 car accident.

Lemke claims she had a contract worth $25,000 for auto insurance with the defendant. After submitting her bills, she claims that the company wrongly denied payment.

She is suing the company under section 215 ILCS 5/155 for damages of $75,000. Of that amount, she wants $25,000 for medical bills payment, attorney fees and 60 percent of the medical bill amount.

Lemke is represented by Daniel Junker of Belleville.

No attorney is listed for USAA nor has the company filed an answer.

The 2009 case number is St. Clair case number 09-L-694.

The 2010 case number is St. Clair case number 10-L-0001.

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