Parties possibly on verge of settlement in woman's suit over husband's, infant 's deaths
The parties in a wrongful death suit over a tow truck accident in Granite City that left a man and his nine-month-old son dead may be close to a settlement.
According to a Dec. 17 docket sheet entry, the parties in the suit brought by Jessica Ellen Legens and Regions Bank as administrators of the estates of Donald Legens Sr. and Jr. were to inform Madison County Circuit Judge David Hylla of their settlement status at 2 p.m. that day.
The docket does not indicate which parties could be potentially settling or what the status of that settlement could be.
The case is set for a pre-trial conference Jan. 4 at 10 a.m. and trial later that month.
The plaintiffs are suing tow truck driver Mark Ikerman, his employer, Mannheim Services Corporation, Mac & Mick's Sports Bar and the owners of Sparky's 397 Pub for the 2008 deaths.
Donald Legens Sr. had called a tow truck after his car ran out of gas in Granite City.
His nine month-old son, Donald Jr. was a passenger in the car.
The plaintiffs allege that Ikerman was under the influence of alcohol he consumed at the two bars when his Mannheim tow truck crashed into the Legens car, pushing it into Donald Legens Sr. who was outside the vehicle.
Donald Legens Sr. was killed in the accident.
His son died shortly after from his injuries.
The plaintiffs are seeking damages in excess of $50,000 per count.
Hylla also took a move by the plaintiffs to add counts for punitive
damages in the suit under advisement Dec. 17.
Ikerman faces criminal charges in Granite City in connection with the accident.
The defendants claim that Donald Legens Sr. contributed to the accident and the deaths.
Mannheim's third party complaint against another defendant was dismissed earlier month.
Ikerman recently filed his opposition to adding the punitive damages insisting that Regions Bank does not lay out a case for adding them in its filings with the court.
At Dec. 17's motion hearing Hylla denied an oral motion to continue the January trial of the suit.
The judge has allowed the parties to file written briefs on the subject.
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 owners of Sparky's 397 Pub.
The case is Madison case number 08-L-1113.