Defendant objects to proposed settlement in consolidated suits over conveyor belt injuries

Amelia Flood Feb. 7, 2011, 10:27am


One of the defendants in two consolidated suits over a worker's injuries allegedly caused by a conveyor roller machine has filed its objections to a settlement reached between the plaintiff and two co-defendants.

Defendant RCS Construction Inc. objects to a proposed settlement between plaintiff David Phillips and co-defendants Cardinal Contracting LLC and J.F. Electric Inc.

RCS claims that it has been unable to determine what amount the three settled for and that inability to do so hinders its ability to either acknowledge or contest whether the settlement was made in good faith.

It also claims that the settlement's confidentiality clause hinders its ability to receive set-off in the case of a judgment against it.

Phillips' two cases, one filed in 2007 and the other filed in 2009
were consolidated.

The plaintiff and defendants Cardinal Contracting and J.F. Electric Inc. are seeking approval of their settlement.

Phillips claims he was injured by a defective roller conveyor installed at his employer's East Alton site in 2005.

Phillips worked for Olin Corporation.

The amount of that settlement is confidential, although Phillips would indemnify the pair for any role they may have allegedly played in the accident.

That move was filed jointly Jan. 25.

Defendant Intergrated Industrial Systems Inc. is also seeking to settle Phillips' claims against it for $8,500. Intergrated
Industrial filed its move for approval Jan. 31.

Madison County Circuit Judge William Mudge is set to hear at least the Intergrated motion Feb. 17 at 9 a.m.

If Mudge approves the settlements as they stand, that would leave PKM Machine, GRP Mechanical Company Inc. and RCS as defendants in the suit.

In his suit, Phillips claims that PKM made a defective machine.

He claims that Intergrated Industrial gave Olin bad advice about which machine to purchase.

The plaintiff contends that GRP didn't properly assemble it.

He makes similar claims against J.F. Electric and Cardinal about
negligent installation of the conveyor.

He claims RCS created an unreasonably safe environment that led to the injuries to his hand.

Mudge had been set to hear the Cardinal settlement motions last week.

It is not clear from the case file or case docket whether that hearing took place.

The Madison County courts canceled dockets and rescheduled hearings last week due to the threat of bad weather.

RCS has only filed objections to the Cardinal/J.F. Electric settlement to date.

Olin was named at one time as a third party defendant in the case.

It was dismissed from the suit in 2009.

Roy Dripps represents Phillips.

Kevin Babb represents PKM. Lloyd Williams and Hanson Williams also represent PKM.

Mary Anne Mellow and Jonathan Barton represent Cardinal.

John Enright represents J.F. Electric.

Pamela Triplett represents Intergrated Industrial.

John Cunningham represents RCS and GRP.

The case is Madison case number 07-LK-821. Phillips' suit against
RCS was consolidated with the 2007 lawsuit. It was case number 09-L-983.

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