Matoesian enters protective order in pizza delivery accident case

Amelia Flood May 17, 2011, 9:26am


Madison County Circuit Judge Andreas Matoesian has entered a protective order in a suit stemming from a Bethalto pizza delivery in 2009.

Meanwhile, three defendants in the suit also have a new attorney, Michael Chobin, who entered his appearance in the case May 13.

A case management conference is set May 25 at 9 a.m.

The suit was filed last year by plaintiff Matthew Bruntjen against Kenneth and Lisa Lyerla, Leonard Cummings Jr., Jeremiah Greene, Jason Yelton, Metro East Distributing Company, Bethalto Pizza LLC, Imo's Franchising and Tresorellas Inc.

The defendants have a number of counterclaims pending against one another.

The Imo's defendants had asked for the protective order March 31 on the same day that the plaintiff filed his amended complaint.

According to that complaint, Kenneth Lyerla was a pizza delivery boy working for Bethalto Pizza Inc. in August 2009. He drove a car owned by his mother, Lisa Lyerla, that was insured by Cummings Jr.

Bethalto Pizza was doing business as an Imo's franchise.

Bruntjen contends that Kenneth Lyerla was distracted and not driving safely when he caused the accident in which the plaintiff claims he was injured. He also claims Kenneth Lyerla was more concerned with delivering the pizzas on time than with safety.

Bruntjen was a passenger in a van owned by Yelton. Greene was driving it as part of his work for Metro East.

Bruntjen claims cargo in the van was not properly secured and that Greene drove unsafely.

The suit seeks damages in excess of $50,000 per each of the 10 counts of the suit.

The protective order requested by Imo's relates to the company's operating manual and files on the Bethalto franchise. According to the judge's May 6 order, none of the parties are allowed to use the materials outside of the case at hand.

Chobin represents the Lyerlas and Cummings Jr. Stephen Mudge is also listed as representing them.

Bruntjen is represented by Charles Armbruster.

James Craney and others represent the pizza company defendants.

John Wendler represents Yelton and Metro East Distributing.

Greene is represented by Beth Boggs.

No attorney is listed as yet for Tresorellas.

The case is Madison case number 10-L-577.

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