Hylla tosses third party complaint against sports bar in woman's suit over husband, infant son's deaths
A third party complaint against Mac & Mick's Sports Bar of Granite City brought in the wrongful death suit stemming from the deaths of a man and his infant son has been thrown out.
Madison County Circuit Judge David Hylla granted the move by Mac & Mick's to have third party Mannheim Services dismissed with prejudice Dec. 3.
Mannheim and Mac & Mick's are being sued along with Mark Ikerman, and Mark and Mary Eddleman, the owners of Sparky's 397 Pub by Jessica Ellen Legens, the administrator of the estates of Donald Legens Sr. and Donald Legens Jr.
Both Donald Legens Sr. and his infant son were killed when a Mannheim tow truck driven by Mark Ikerman hit the car the boy was riding in, pushing it into his father two years ago in Granite City.
Donald Legens Sr. died the night of the accident. His son died later from his injuries.
Jessica Legens claims that Ikerman was under the influence of alcohol at the time of the accident and that he failed to reduce his speed to avoid it.
Ikerman faces criminal charges stemming from the accident.
The plaintiff claims that Mannheim is liable as Ikerman's employer.
She also claims that Mac & Mick's as well as Sparky's 397 Pub served Ikerman the alcohol that led to his intoxication.
Mannheim filed a counterclaim against Mac & Mick's as well as one against Ikerman.
A copy of the motion to dismiss the complaint filed Nov. 3 is not yet available in the case file.
Mannheim also claims that Donald Legens Sr. contributed to the accident by drinking, failing to make sure he had enough gas in his car and being outside of the car at the time of the accident.
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.