Hearing on appeal bond in $100k retaliatory discharge verdict postponed

Amelia Flood Jan. 20, 2011, 8:27am

A hearing on a plaintiff's request for a $130,000 appeal bond related to a $100,000 verdict has been pushed off indefinitely.

The parties in a Madison County retaliatory discharge suit agreed earlier this month to wait until a defense appeal asking for a new trial is decided.

Plaintiff Frank Cantlon won a $100,000 verdict against East County Transport last year.

Cantlon claimed that he was fired by the company after he filed a workers' compensation claim related to a knee injury he suffered on the job.

East County claimed that Cantlon was fired for failing to follow the company's drug testing policies.

Cantlon's damages included $26,000 in lost wages, $36,000 in emotional distress damages and $36,000 in punitive damages.

East County has appealed the verdict.

It also asked Madison County Associate Judge Thomas Chapman to stay the enforcement of the judgment while the appeal is pending at the Fifth District Appellate Court.

Cantlon has asked that East County post a $130,000 bond while the appeal is before the court.

The appeal bond hearing was pushed off twice until it was heard earlier this month.

At the Jan. 7 hearing, the parties agreed to continue the matter again until either Cantlon or his former employer asks for another hearing.

The order, signed by Chapman, indicates that East County has agreed not to transfer any assets until after the appeal is decided.

Chapman backed up that agreement with directions in the order barring the company from any asset transfer until either the appeal bond issue is heard or a satisfaction of judgment is entered.

Michael Brunton represents Cantlon.

Stephen Mudge represents East County.

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

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