Personal injury trial slated Monday over Imo's pizza delivery accident

Christina Stueve Dec. 2, 2011, 3:13am


A trial is expected to start Monday in Madison County Judge Andreas A. Matoesian's courtroom in a personal injury suit stemming from a Bethalto pizza delivery in August 2009.

Proceedings are slated for 9 a.m. and could last up to two weeks, said Madison County Jury Commissioner Linda Murray.

According to the lawsuit, plaintiff Matthew Bruntjen was a passenger in a van when it was allegedly struck head-on in August 2009 by Kenneth Lyerla, the pizza delivery driver for a Bethalto Imo's Pizza store.

Bruntjen is seeking an amount not yet specified, but will be more than $50,000.

Imo's filed a motion to compel Nov. 28, stating the plaintiff was served with a request to produce income tax returns from 2005 through 2009.

"The plaintiff alleged lost wages from the car wreck," the motion states. "The defendant requested the plaintiff to produce an income tax return. The plaintiff failed to produce his tax return at the deposition but indicated he would make the tax return available."

Bruntjen's 2010 suit also names van owner Jason Yelton, Kennth Lyerla, his mother Lisa Lyerla, Leonard Cummings Jr., Jeremiah Greene, Imo's, Metro East Distributing and others.

Bruntjen contends that Kenneth Lyerla failed to drive safely, due to company pressure to deliver pizzas on time, causing the accident and injuring Bruntjen.

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.

A second lawsuit was filed against the same defendants by another woman, Andrea Mundy, who was also a passenger in the van at the time of the accident.

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.

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