Ruth to hear Madison's summary judgment motion in worker's retaliatory discharge suit

Amelia Flood Mar. 8, 2011, 7:15am


Madison County Circuit Judge Dennis Ruth is set to hear a summary judgment motion filed by the City of Madison in a case brought by a former worker who claims he was wrongly fired.

Plaintiff Courtney Burrell is seeking damages in excess of $50,000, costs and other relief.

Burrell claims that after he was shocked by a down power line he was working with as a Madison city employee, he was fired for seeking workers' compensation.

The firing occurred in 2007.

Madison contends that Burrell was permanently injured in the incident and that he could no longer perform his duties.

Ruth is set to hear the motion at 9 a.m. Friday.

According to its memorandum in support of the summary judgment move, Burrell admits to being permanently injured.

The city cites Burrell's testimony before arbiters from the Illinois Workers' Compensation Commission. In his testimony, included in the memorandum, Burrell acknowledges that his severe injuries left him unable to perform his work.

The city also argues Burrell is estopped from contesting that he can't collect damages from the date of his firing until the date of the arbitration hearing.

Jim Ellis represents Burrell.

James Craney represents the city.

Ruth had been set to hear the matter Feb. 23.

That hearing was reset.

The case is Madison case number 08-L-1162.

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