Defendants move to dismiss sexual assault case

Amelia Flood Mar. 22, 2010, 9:16am


The defendants in a lawsuit over a woman's alleged sexual assault at a Godfrey car dealership have asked that the case be thrown out.

A motion for sanctions filed by the plaintiff over alleged "lies" in interrogatory answers also remains unresolved.

Madison County Circuit Judge Dennis Ruth had previously denied a different defense motion to dismiss the suit filed by Brittany Gresham last year.

Gresham is suing Brian Trust and Trust Family Autos Inc. for at least $50,000 in damages.

Gresham alleges that when she went to buy a car in February 2008, Brian Trust made lewd comments to her in his office, showed her pornographic images on his computer and that he masturbated in front her while refusing to let her out of the office.

Trust has since been convicted of indecent exposure although he maintains the incident was consensual, according to statements made by his attorney, Ryan Mahoney.

Trust and Trust family Autos filed to dismiss the suit again March 11.

A hearing is set before Ruth April 9 at 9 a.m.

Meanwhile, Gresham moved late last year for sanctions against the defendants. The motion alleges that the defendants lied about other criminal and civil cases in which Brian Trust had been involved.

The motion references a small claims case and two paternity suits in which Trust was allegedly involved amongst other cases.

Gresham had also asked Ruth to compel the Alton Telegraph newspaper to comply with a subpoena last year seeking the identities of online commenters who posted remarks on the online article that paper ran about the lawsuit.

Ruth denied the move.

Thomas Maag represents Gresham. Mahoney represents the defendants.

The Telegraph is represented by Thomas Scott Stewart.

The case is Madison case number 09-L-268.

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