Hylla set to hear motion aimed at reinstating negligence suit against Agency for Community Transit

Amelia Flood Jun. 28, 2011, 4:24am


Madison County Circuit Judge David Hylla is set to hear motions including a move asking for reinstatement Wednesday in a suit brought against the Agency for Community Transit (ACT.)

Plaintiff Lucio Reyes filed a motion June 27 asking Hylla for reinstatement due to the defendants' failure to abide by Illinois Supreme Court Rule 187c.

That rule governs motions to transfer cases based on inconvenient forum with the "c" subsection dealing with what procedures are undertaken after such a motion is granted.

A copy of the June 27 filing is not yet available in the case file.

The hearing will take place at 9 a.m. according to the case's docket sheet.

Reyes also has a motion to compel filed June 13 pending against the ACT and Daniel Floyd Sr.

Reyes is suing the pair for damages in excess of $50,000 per count and other relief in a two-count amended complaint.

The plaintiff contends that Floyd Sr., an employee working as a driver for ACT, was impaired and fell asleep while driving a bus that the plaintiff rode upon in December 2009.

The bus went on to crash into a home at 926 St. Louis Road in Collinsville.

Reyes claims he was injured, has suffered pain, lost wages and has incurred medical expenses.

The defendants deny the allegations.

The case has been proceeding through discovery with the defendants producing privilege logs and objections to the plaintiff's discovery requests earlier this year.

In the June 13 motion to compel, Reyes notes that his attorney Thomas Schwartz has attempted to take two depositions in the case to no avail.

The plaintiff seeks a court order compelling the depositions within 10 days and granting costs associated with filing the motion to compel.

Donald Ohl represents the defendants.

The case is Madison case number 10-L-021.

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