Hearing moved in plaintiff's plea for third trial in 1998 personal injury case

Amelia Flood Jul. 26, 2010, 7:43am


The hearing of a plaintiff's plea for a third trial in a personal injury case has been moved.

Madison County Associate Judge Clarence Harrison II was set to hear the case earlier this month.

However, the hearing of the plea filed by plaintiff Cecil Dial Jr. was moved to Aug. 25 at 8:30 a.m. due to plaintiff attorney Roy Dripps' scheduling conflict.

Dial is suing Bradley Joiner for injuries he suffered in 1997 when Joiner's SUV struck him as he was crossing the street near an Edwardsville middle school.

Dial suffered massive head injuries and claims Joiner was driving too fast and failed to stop before hitting him.

Joiner claims the boy walked out in front of his vehicle, giving him no chance to avoid the collision.

Dial's suit seeks at least $1 million in damages.

Two juries have previously found for Joiner.

The case's most recent trial ended in May with another verdict for Joiner.

The suit was first tried in 2004. That trial ended with a verdict for Joiner but Madison County Associate Judge Ralph Mendelssohn granted a move by the plaintiff for a new trial.

The appellate court agreed with Mendelssohn and sent the case back to Edwardsville for a retrial.

In the June 13 plea for a new trial, the plaintiff asserts that repeated personal attacks against Dripps and fellow counsel Charles Armbruster by defense attorney Stephen Mudge denied Dial a fair trial.

The defense has yet to file a response to the move.

Harrison is the fourth Madison County judge to handle the Dial case.
Harrison oversaw its second trial earlier this year.

The Edwardsville school district and Dial's mother, Constance Dial, were both parties to the suit at one time. Both were dropped from the case by the time of the second trial.

The case is Madison case number 1998-L-899.

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