Foot amputee's suit against Allstate over previous suit gets new judge

Amelia Flood Jan. 24, 2011, 8:32am


A suit against Allstate Insurance filed by a man who lost a foot and won more than $1.25 million in a resulting lawsuit, has a new judge.

According to an order signed Jan. 7 by Madison County Chief Judge Ann Callis, Circuit Judge Andreas Matoesian will now preside over the case filed by plaintiff Steven Kirk.

Matoesian is the third judge to helm the case in a year.

The case was originally assigned to Circuit Judge Barbara Crowder.

She passed it along with her civil docket to newly elected Circuit Judge William Mudge when she became the county's asbestos judge.

Mudge, Madison County's former state's attorney, recused himself from the case on Dec. 13.

Kirk is suing Allstate as a stand-in for the insurer's former client Enver Hamiti.

Kirk first sued Hamiti in 2007.

Kirk lost his lower right leg and right foot when Hamiti ran an Alton stop sign and crashed into Kirk's motorcycle.

Although Kirk admitted to drinking on the day of the accident, a witness in Hamiti's case was found to have lied about witnessing the accident when the plaintiff produced her landlord and hand-written rental application showing she did not live in the apartment overlooking the scene until six months after the accident.

The 2009 trial ended in a $1.25 million verdict for Kirk.

Kirk then filed suit last year against both Allstate and Mercury Insurance Company.

In the Mercury suit, Kirk claimed that the insurance company bribed and coached witness testimony in the Hamiti suit's trial.

Mercury settled for an undisclosed amount.

Kirk sued Allstate for allegedly failing to protect Hamiti – a policy holder – when it settled with Kirk.

That settlement was worth $100,000.

Allstate moved for and won a partial summary judgment in the case last year from Madison County Associate Judge Clarence Harrison II.

Kirk is currently appealing that decision.

Chris Kolker has represented Kirk in all of his lawsuits tied to the Alton accident.

Michael Bedesky represents Allstate.

The original suit is Madison case number 07-L-165.

Madison County Circuit Judge David Hylla presided over the suit's trial.

The Mercury suit is Madison case number 10-L-10.

That case was assigned to Madison County Chief Judge Ann Callis.

The Allstate case is Madison case number 10-L-50.

More News