Defendant files for summary judgment in Bethalto pizza delivery accident case
One the defendants in a personal injury suit stemming from a Bethalto pizza delivery has filed a move seeking summary judgment.
Defendant Jason Yelton filed his motion for summary judgment July 11 in the suit filed by plaintiff Matthew Bruntjen.
Bruntjen was a passenger in a van Yelton owned when it was allegedly struck head-on in August 2009 by Kenneth Lyerla, who was delivering pizzas for a Bethalto Imo's Pizza franchise.
Bruntjen's 2010 suit also names Kenneth Lyerla, his mother Lisa Lyerla, Leonard Cummings Jr., Jeremiah Greene, Imo's, Metro East Distributing, and others.
Madison County Circuit Judge Andreas Matoesian is set to hear motions in the suit next month.
Bruntjen contends that Kenneth Lyerla failed to drive safely because he was concerned with delivering his pizzas on time and caused the accident in which Bruntjen was injured.
Bruntjen was a passenger in Yelton's van which Greene drove.
The plaintiff is suing Imo's and its Bethalto franchise as Kenneth Lyerla's employers.
He is suing Metro East as Greene's employer.
He is suing Lisa Lyerla because she owned the car her son drove and Cummings Jr. for insuring the Lyerla car.
Imo's has moved to dismiss the counts of the suit filed against it.
Yelton contends in his summary judgment motion that Bruntjen has not presented any evidence that cargo items in Yelton's van weren't secured when the accident.
Yelton points to Greene's testimony that all the items in the back of the van were secured at the time of the accident and the plaintiff's own admissions that he did not remember anything unusual about how the van was loaded.
The defendant also cites the lack of evidence that Greene was driving over the speed limit at the time of the accident.
In light of that evidence, Yelton argues, the plaintiff can't make a case that he was negligent.
He asks Matoesian to dismiss the counts of the suit aimed at him.
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.
The case is Madison case number 10-L-577.