Alton foot amputation victim files another suit against insurer

Amelia Flood Feb. 16, 2010, 9:21am


Motions will not be heard tomorrow in an Alton man's foot amputation suit, however, that plaintiff has filed yet another lawsuit stemming from the case. This time he's suing an insurance company he claims bribed a witness during his first suit's trial.

Plaintiff Steven Kirk has already filed suit this year against Allstate Insurance Company in lieu of defendant Enver Hamiti.

Kirk won a $1.375 million verdict against Hamiti last year.

Hamiti's truck struck Kirk's motorcycle in Alton in 2006. Kirk was injured and lost his lower right leg and foot.

Hamiti claimed the Kirk, who admitted to drinking on the day of the accident, was responsible for the accident.

Kirk claimed Hamiti ran a stop sign.

During the that suit's trial in November 2009, a defense witness claimed she had seen Kirk from her apartment, weaving and driving dangerously.

The plaintiff called the woman's landlord in rebuttal. He brought with him the woman's handwritten rental application that showed she did not live in the apartment until six months after the accident.
The woman had previously testified that she had learning disabilities and mental illness.

Earlier this year, Hamiti signed over his rights to sue Allstate to Kirk. That suit claims the company acted to Hamiti's detriment when it settled separately with Kirk.

The new suit is against Mercury Insurance Company.

In the Feb. 11 complaint, Kirk alleges the insurance company put forth a fabricated witness and admitted Hamiti was likely the cause of the accident. Hamiti also assigned his rights to sue Mercury to Hamiti.

The company then allegedly filed a declaratory judgment action against Hamiti in Lake County, Ill. The plaintiff argues that the declaratory judgment was a move to inconvenience Hamiti.

The suit seeks damages in excess of $50,000 and asks for punitive damages.

A Feb. 17 hearing in the original case before Madison County Circuit Judge David Hylla was canceled. Hylla is scheduled to hear motions in the suit Feb. 26 at 9:30 a.m., according to the docket sheet.

The Mercury suit is assigned to Madison County Circuit Judge Ann Callis.

The Allstate case is assigned to Madison County Circuit Judge Barbara Crowder.

Kirk is represented by Chris Kolker and Amy Meyer.

Hamiti is represented by Mark Kurz.

No attorneys are listed as yet for either insurance company.

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

The Allstate suit is case number 10-L-050.

The Mercury suit is case number 10-L-156.

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