Christina Stueve Hodges Mar. 25, 2013, 4:20pm

Madison County Chief Judge Ann Callis on Feb. 13 dismissed a man’s lawsuit against an Alton podiatrist.

The case was dismissed without prejudice, according to Callis’ order.

Plaintiff Joseph Frailey filed a motion for voluntary dismissal, also on Feb. 13.

Frailey requested Callis to enter an order allowing him to voluntarily dismiss the lawsuit without prejudice, with each party to bear its own costs.

In his complaint, Frailey had claimed he visited Lindsay for a revision of a previous bunion surgery after developing an infection in his foot. Lindsay amputated Frailey’s foot on Nov. 24, 2010, according to the lawsuit filed Nov. 20, 2012, in Madison County Circuit Court.

Lindsay’s attorney Mark Bauman responded to the lawsuit Dec. 6, stating Lindsay was excused from answering the lawsuit, due to Frailey’s assertion that he was unable to obtain a consultation required by state law.

Lindsay also demanded a trial by jury.

Terry N. Brown of Brown and Associates in Belleville represented the plaintiff.

Mark Bauman of Hinshaw & Culbertson in Belleville represented the defense.

Madison County Circuit Court case number: 12-L-1907.

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