Imo's moving to dismiss amended complaint in pizza delivery accident suit

Amelia Flood Jun. 6, 2011, 9:29am


Imo's Pizza's franchising arm is moving to dismiss an amended complaint in a personal injury lawsuit stemming from a 2009 accident related to a pizza delivery in Bethalto.

Imo's Franchising Incorporated filed its move to dismiss the claim brought by plaintiff Matthew Bruntjen May 31.

Bruntjen is suing Imo's, its Bethalto franchise, pizza delivery boy Kenneth Lyerla, his mother Lisa Lyerla, Leonard Cummings Jr., Jeremiah Greene, Jason Yelton, Metro East Distributing Company, and others for damages in excess of $50,000 per count.

The accident that led to the suit occurred in August 2009.

Kenneth Lyerla was working for Imo's Bethalto franchise as a delivery driver.

He drove a car owned by his mother, Lisa Lyerla, which Cummings Jr. insured.

Bruntjen was riding in a van that Greene owned.

Yelton was driving the van Bruntjen rode in.

Yelton and Greene were employed by Metro East Distributing.

The plaintiff claims he was injured when Kenneth Lyerla caused an accident near the intersection of Erwin Plegge Boulevard and Ashbrook Street.

The plaintiff claims that Kenneth Lyerla was distracted and more interested in the timely delivery of his pizzas than in safety.

Bruntjen claims that Yelton was not driving safely and that cargo carried in the van wasn't stored properly.

He is suing Imo's as the Bethalto franchise's owner and Metro East as Yelton and Greene's employer.

The defendants have denied the claims.

There are multiple counterclaims pending amongst the defendants.

In the May 31 move, Imo's contends that it is not liable to Bruntjen under either the theory of vicarious liability or a direct negligence theory.

The defendant incorporates previous it has made in other dismissal moves.

Bruntjen is represented by Charles Armbruster.

Stephen Mudge and Michael Hobin represent the Lyerlas and Cummings Jr.

James Craney and others represent the pizza company defendants.

John Wendler represents Yelton and Metro East Distributing.

Greene is represented by Beth Boggs.

Madison County Circuit Judge Andreas Matoesian presides.

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

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