Motion to dismiss janitor's $800,000 suit against Belleville students to be heard

Amelia Flood Dec. 1, 2010, 9:30am


A motion to dismiss a suit brought by a Belleville West High School janitor seeking $800,000 for injuries he claimed to have suffered due to student horseplay will be heard Dec. 20 before St. Clair County Circuit Judge Lloyd Cueto.

Plaintiffs Keith Muskopf and his wife Paula Muskopf originally filed suit on 24 counts of personal injury and loss of society claims.

Muskopf claims that his right shoulder was injured on May 7, 2008 when a door was slammed on it by defendants Ehhsan Hamden and Philsamrae Escaesenas. He also claims neck injuries, mental anguish and the loss of a normal life.

Paula Muskopf claims to have lost her husband's consortium and affection.

The suit also names Rodolpho and Marites Escaesenas, the parents of Philsamrae Escaesenas as defendants.

The Muskopfs are seeking damages in excess of $800,000 and other relief.

Defendants are moving to dismiss the suit.

The motion to dismiss filed by the Hamdens contends that Ehhsan Hamden was improperly sued because as a minor, he could not act as an adult in the 2008 incident.

The parties agreed earlier this year that the parents of the two boys would be sued as their guardians.

All of the defendants deny the claims and argue that Keith Muskopf was responsible for his own injuries.

Steven Katzman of Belleville represents the Muskopfs.

Michael Murphy of Belleville represents the Hamdens.

Roger Wilson of St. Louis represents the Escaesenas family.

The case is St. Clair case number 10-L-230.

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