Hylla pushes back deadline for decision on guardian ad litem fees in Ikerman wrongful death settlement

Amelia Flood Jun. 28, 2011, 12:57pm


Madison County Circuit Judge David Hylla has pushed back the date for his decision regarding guardian ad litem fees in a wrongful death suit brought over the deaths of a man and his infant son.

Hylla entered an order June 23 extending the date for his decision on the fees to July 5.

The fees relate to a settlement reached among plaintiffs Jessica Ellen Legens, the special administrator of the estates of her husband and son, Donald Legens Sr. and Jr., Mark Ikerman, Mannheim Services Corporation, owners of Sparky's Pub 397 and Mac & Mick's Sports Bar and Grill in the 2008 case.

Hylla approved the confidential settlement amount in February.

Jessica Legens filed suit three years ago alleging that Ikerman, a tow truck driver, was drunk when he answered a call placed by Donald Legens Sr. after the car he and his son were traveling in ran out of gas.

Donald Legens Sr. was outside the car when Ikerman's tow truck hit the car, pushing it into him.

Donald Legens Sr. died at the scene and his son died shortly after from his injuries.

Mannheim employed Ikerman.

The plaintiff alleges that the two bars served Ikerman the drinks that led to his intoxication.

Attorneys Erin Reilly, Bob Perica, David Jones, Phil Theis, Kevin Babb, Jeffrey Ezra, Amy Sholar, and Michael Glisson agreed to serve as guardians ad litem for the other Legens
children with interests in the settlement.

The attorneys filed petitions for fees beginning in May.

The petitions include a plea from Babb seeking $4,860.46 in fees in costs, a request from
Perica for $5,640 in fees, and petition for $4,750 from Jones.

Hylla notes in his June 23 order in order to give additional time for objections to the fee
requests because petitions for them were filed as late as June 17.

The court order also advises the parties to file any objections as part of the case file and not by letter.

Kevin Davidson represents the plaintiffs.

Joel Groenewold represents Ikerman.

Donald O'Meara represents Mannheim.

Daniel Hasenstab represents Mark and Mary Eddleman, the owners of Sparky's 397 Pub.

Ralph Derango represents Mac & Mick's.

The case is Madison case number 08-L-1113.

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