'09 physical contact injury case jury trial stricken, non-jury to be set

Amelia Flood Sep. 17, 2010, 6:10am

A jury trial set Monday in a woman's suit over unwanted touching is off.

Madison County Circuit Judge Daniel Stack signed an order Aug. 31 striking the jury trial setting in plaintiff Tracy Bowling's suit after no jury demand or jury fee was paid.

Bowling is suing Kevin Datillo for $50,000 in damages.

Bowling's 2009 suit claims that she was injured in January 2009 when she visited Datillo at his Godfrey home.

There, the plaintiff alleges that Datillo "willfully and wantonly made personal, physical contact with the plaintiff."

The suit's Monday trial had been set to start at 9 a.m.

The case is now set for a Sept. 24 case management conference.

At that conference, a new, non-jury trial will be set according to Stack's order.

Timothy Campbell represents the plaintiff.

The case is Madison case number 09-L-028.

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