Chapman to hear move for appeal bond as East County Transport asks for more time

Amelia Flood Jan. 7, 2011, 1:13am


Madison County Associate Judge Thomas Chapman is set to hear a move on a $130,000 bond as a defendant appeals a $100,000 retaliatory discharge verdict.

While Chapman's hearing is set for today at 8:30 a.m., East County Transport filed a move Wednesday asking the Fifth District Appellate Court for more time to file needed documents for its record of appeal.

East County is appealing a $100,000 verdict entered against it last year.

Plaintiff Frank Cantlon won last year's trial against the company claiming it fired him in retaliation for seeking workers' compensation after an on-the-job knee injury.

East County argued it fired Cantlon for failing to comply with drug testing procedures.

The jury awarded Cantlon $26,000 in lost wages, $36,000 in emotional distress and $36,000 in punitive damages.

East County is appealing.

It is asking to push off enforcement of the verdict.

Cantlon is asking for a $130,000 bond while the appeal is pending.

The record of appeal is due to the Fifth District Court Jan. 21.

According East County's motion for a time extension, court reporter Katrina Collman has a backlog of transcripts to prepare due to the demand for transcripts and lack of full staff at the Madison County courthouse over the holiday season.

Collman requires additional time to prepare East County's documents, the motion states.

East County asks for a 30 day time extension from Jan. 21 for filing the complete Record of Appeal and Report of Proceedings with the appellate court.

Michael Brunton represents Cantlon.

Stephen Mudge represents East County.

The case is Madison case number 06-L-435.

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