Plaintiff appealing in long-running Edwardsville rear-end suit

Amelia Flood Feb. 22, 2010, 10:31am

The plaintiff in a rear-end suit that has already been through two trials, one appeal, and three attorneys is in the process of filing another appeal.

According to a letter from the Fifth District Appellate Court in Mount Vernon, appellant Walter Spearman Jr. has until March 10 to file a brief in his case.

Spearman is the plaintiff in a 2004 rear-end case that ended in a verdict in his favor last year. The jury awarded him about $125,000.
Spearman's suit against defendant Michael Sunley had originally gone to trial with that jury awarding him about $60,000.

The first verdict was thrown out by the appellate court and remanded to Madison County for a second trial.

Spearman was originally represented by David Hesi, according to motions Spearman has filed in the case.

J. Robert Edmonds then took over the case and saw it through the successful appeal.

After Edmonds bowed out of the suit, Rodney Caffey represented Spearman at the suit's second trial.

Caffey and Spearman parted ways in December 2009 after several conflicts.

Spearman disputed how much of the $125,000 should go to attorney's fees that were to be split between Caffey's firm and Edmonds.

Spearman is currently representing himself.

Madison County Circuit Judge Dennis Ruth adjudicated the liens in the case earlier this month.

A release of judgment was entered and signed by Spearman Feb. 1.

Sunley is represented by Stephen Mudge.

The case had been assigned to then-Madison County Circuit Judge Nicholas Byron.

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

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