Summary judgment move in tow truck accident case to be heard Oct. 22
A woman whose husband and son were killed in an accident two years ago in Granite City is asking for summary judgment against one of several defendants in the case.
Plaintiff Jessica Legens filed her motion in the wrongful death suit she filed as administrator of the estates of her husband, Donald Legens, and her nine month old son, Donald Legens Jr.
Jessica Legens is suing Mark Ikerman, a tow truck driver, his employer, Mannheim Services Corporation, Mac & Mick's Sports Bar, and the owners of Sparky's 397 Pub.
Madison County Circuit Judge David Hylla will hear the motion and defendant Manheim Services Corporation's response Oct. 18 at 1 p.m.
A motion to compel filed by the plaintiff is also pending.
The suit had been set for trial Oct. 18, but that date was pushed off.
According to the first amended complaint, Donald Legens and his son were killed when a truck driven by Mark Ikerman hit their stopped car on Pontoon Beach Road.
Ikerman was driving a Mannheim truck at the time of the accident.
The complaint claims that Ikerman did not reduce his speed and that he was under the influence of alcohol when he hit the plaintiff's husband and son.
Donald Legens Sr., who had been outside the car at the time of the collision, was struck when his car was pushed into him.
Donald Legens Jr. was inside the car at the time. Donald Legens Sr. died on the night of the accident. The child died Nov. 14, 2008 from injuries suffered in the crash.
Ikerman currently faces four criminal counts stemming from the accident. Ikerman is charged with two counts of aggravated driving while under the influence and two counts of failing to report an accident involving personal injury or death.
Jessica Legens seeks at least $50,000 in damages per each count against Ikerman.
The plaintiff is suing Mannheim for vicarious liability as Ikerman's employer.
Jessica Legens added the bars and the Edelmans to the suit claiming they knowingly sold the alcohol to Ikerman that contributed to the accident.
Mannheim has a third party claim pending against Mac & Mick's and Ikerman.
The company also contends that Donald Legens Sr. contributed to the accident by being outside of his car in the road, drinking and failing to make sure he had enough gas in his car not to run out.
Jessica Legen's motion for summary judgment as to Mannheim's vicarious liability was filed in June.
In the motion, the plaintiff argues that there is no doubt that Ikerman was working for Mannheim at the time of the accident.
Ikerman's truck displayed Mannheim's logo and there is no dispute that Ikerman drove the truck, the motion says.
The motion states that Ikerman called friends after the accident admitting to it.
The motion alleges there is no issue of fact as to Mannheim's liability as Ikerman's employer.
Jessica Ellen Legens' attorneys are Kevin Davidson and H. Lynn Henry.
Edward Aucoin and Donald O'Meara of Chicago represent Mannheim.
Joel Groenewold of Chicago represents Mark Ikerman. He is represented in the criminal matter by Edward Unsell.
Ralph Derango represents Mac & Mick's Sports Bar and Grill Inc.
Daniel Hasenstab represents Mark and Mary Eddleman.
The case is Madison case number 08-L-1113.