Parties settle suits in funeral home firing dispute

Amelia Flood Sep. 22, 2010, 7:56am


A dispute between a funeral home manager and his former employers is over.

St. Clair County Circuit Judge Lloyd Cueto signed an order Sept. 7 that granted plaintiff Barry Wilson's request to enforce a settlement he reached with his former bosses Robert and Dorothy Herr Aug. 3.

Wilson originally sued the Herrs and their funeral home for firing him without cause.

The Herrs countersued Wilson, alleging he charged thousands of
dollars in personal items including beer and a yoga kit using company credit cards.

Wilson's suit sought damages in excess of $50,000 and the lifting of a clause that prevented him from working in the funeral home industry within a certain distance of the Herrs' businesses.

The settlement's details are not available in the case file, although it was read into the case record, according to motions filed in the suit.

The settlement was the result of "impromptu mediation" that occurred at the Aug. 3 motion hearing.

A month later, Wilson and the defendants each filed motions in the case related to the settlement.

Wilson filed a motion Sept. 3 asking Cueto to enforce the terms of the settlement agreement.

The Herrs filed a motion the same day asking Cueto to clarify a confidentiality provision in the settlement that the parties could not agree on.

In lieu of that, the Herrs asked that Cueto set aside the settlement.

Four days later, Cueto granted Wilson's requests.

According to Cueto's Sept. 7 order, the parties have 30 days to execute settlement documents.

Cueto took over the case in June from retiring St. Clair County Circuit Judge Michael O'Malley.

Jill Rembusch represents Wilson.

Clyde Kuehn, Brian Kalb and others represents the Herrs and their funeral homes.

The case is St. Clair case number 09-L-345.

More News