Injury plaintiff who failed to show up for hearing in injury suit ordered to bring proof of 'medical inability'

Christina Stueve Jan. 31, 2012, 4:57am


Madison County Circuit Judge William Mudge ordered a plaintiff in a personal injury suit to show proof of a "medical inability" that prevented her from attending a hearing last Friday.

Plaintiff Michelle Wieneke, who is suing Daddie-O's Nite Out, had called the court on Jan. 26 and stated she would not be able to attend the hearing due to a medical condition and doctor's treatment.

Mudge ordered Wieneke to show proof of her ailment or injury at the next hearing date on Feb. 24.

In her suit, Wieneke claims an employee of Daddie-O's caused injuries to her low back and spinal discs after he accidentally pushed her off a stool.

An alleged slap by the employee was "of sufficient force to push Wineke off the stool, causing her to fall violently onto the hard floor impacting the area of her low back and buttocks," the suit states.

Wieneke says she incurred medical bills, lost earnings and experienced a diminished capacity to enjoy life, according to the complaint.

By failing to warn Wieneke that he was about to slap her, the employee was negligent, Wieneke alleges.

Wieneke is seeking an unspecified judgment.

Bill T. Walker of Granite City and James E. Parrot of St. Louis were representing Wieneke, but on Sept. 9 they made a motion to withdraw as counsel. Mudge granted the attorneys permission to withdraw motion for "good cause."

On Nov. 16, Wieneke appeared in court saying she was trying to obtain new attorneys. Mudge ordered Wieneke to keep the clerk's office informed of future changes in her address.

John Cuningham of the law firm Brown & James represents the defense.

Madison County Circuit Court case number: 09-L-416.

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