Case against Daddie-O's Nite Out dismissed due to plaintiff's absence in court

Christina Stueve Feb. 28, 2012, 7:25am

Madison County Circuit Judge William Mudge dismissed a personal injury suit against Daddie-O's Nite Out after the plaintiff failed to show up for a hearing last Friday.

Daddie-O's Nite Out appeared through counsel for a hearing in its motion to dismiss Michelle Wieneke's lawsuit for want of prosecution.

Wieneke failed to appear herself or through a lawyer in violation of a court order.

When Wieneke failed to show up at a Jan. 27 hearing, Mudge ordered her to show proof of a "medical inability" that prevented her from attending.

According to the court record, Wieneke called the court Jan. 26, saying she would not be able to attend the hearing due to a medical condition and doctor's treatment.

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

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. She sought 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 Cunningham of Brown & James in St. Louis represented the defense.

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

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