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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Granite City homeowners respond to letter carrier's requests to produce information

Mudge

Defendants James and Renee Beyer, through their attorneys at Reed, Armstrong, Gorman, Mudge & Morrissey certified their second supplemental responses to a letter carrier plaintiff's request for production were mailed March 20.

The case involves Granite City mailman Gary York's case against the Beyers after their dog allegedly attacked York as he delivered mail.

Madison County Chief Judge Ann Callis on Feb. 29 continued the case until March 28 for a case management conference.

York originally filed sued against the Beyers on Sept. 1, 2011.

According to the complaint, York walked onto the Beyers' porch on Garfield Avenue in Granite City in August 2010 to deliver the couple's mail. While he was on the porch, York says a white dog came out the front door - unprovoked - and attacked him.

The Beyers deny the allegations. They claim that when York entered the porch, he provoked their dog.

They say that York failed to determine if it was safe to approach the door of the defendant's home.

The Beyers also claim that York did not inform them they should install a curbside mailbox, so a letter carrier would not have to enter their porch to deliver mail.

They also state York failed to maintain his balance, and some of his injuries were a result of an overreaction to the dog.

As a letter carrier, York assumed risk and failed to mitigate his damages, the Beyers claim.

They say he was more than 50 percent negligent and should be barred from any recovery.

According to York's complaint, the dog bite caused injuries to his shoulder and neck that required medical attention and caused pain and suffering along with emotional distress.

York claims the Beyers are negligent for failing to control their dog and failing to provide a safe place to deliver the mail. He asks for more than $50,000 in damages.

Attorneys Peter S. Blase and Dawn Kamadulski O'Leary both of Granite City represent York.

Stephen Mudge represents the Beyers.

Madison County Circuit Court Case No. 11-L-875.

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