Imo's 'timely delivery' case to be heard by Matoesian

Amelia Flood Oct. 14, 2010, 2:29am


Madison County Circuit Judge Andreas Matoesian is set to hear motions including dismissal moves in a man's suit against Imo's pizza company and a driver he claims was "more concerned with the timely delivery of a pizza than traffic safety."

Plaintiff Matthew Bruntjen is suing for more than $450,000 over injuries he suffered in an August 2009 accident in Bethalto.

Bruntjen is suing Imo's Franchising Inc., a Bethalto pizzeria, Kenneth and Lisa Lyerla of Bethalto, Jeremiah Greene, Jason Yelton, Metro East Distributing Inc. and Leonard Cummings Jr. on nine counts of negligence.

Imo's, Greene and Yelton all have motions to dismiss pending. A number of counterclaims filed amongst the defendants are also in play.

Matoesian is set to hear the motions at 9 a.m. Oct. 15. A case management conference is also set in the case at 9 a.m. Oct. 27.

According to his complaint, Bruntjen was riding in a van driven by Greene on Erwin Plegge Boulevard near its intersection with Ashbrook Street when a car driven by Kenneth Lyerla hit the van.

Yelton owned the van the plaintiff was riding in.

Lyerla was working as a pizza deliverer for Imo's Bethalto franchise owner, Bethalto Pizza LLC.

Lisa Lyerla, Kenneth Lyerla's mother, owned the car he was driving.

The plaintiff claims he suffered multiple injuries including massive head trauma.

The suit contends that Kenneth Lyerla was speeding and distracted by his cell phone and/or car radio at the time of the accident.

The plaintiff claims that Imo's and Bethalto Pizza are responsible as Lyerla's employers.

Lisa Lyerla and Yelton are named for allegedly allowing others to drive them when they should have known the drivers weren't capable of handling them safely.

Metro East Distributing is named as Yelton's employer.

Cummings Jr. is named as a defendant for insuring Lisa Lyerla's car.

Bruntjen is represented by Charles Armbruster.

Stephen Mudge represents the Lyerlas and Cummings Jr.

James Craney and others represent the pizza company defendants.

John Wendler represents Yelton and Metro East Distributing.

Greene is represented by Beth Boggs.

The case is Madison case number 10-L-577.

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