Madison County Circuit Judge William Mudge has scheduled a case management conference for Dec. 18 at 9 a.m. in a case against an Imo’s pizza delivery driver who injured the plaintiff in an accident.
The case management conference comes after a six month stay was granted for the defendant on June 26.
Matthew Bruntjen won a $2 million verdict in December 2011 from Bethalto Pizza and Imo’s Franchising. Then, Bruntjen initiated another lawsuit against Kenneth Lyerla, the pizza delivery driver.
According to the complaint, Bruntjen claims he was riding in a 1995 GMC Safari on Aug. 17, 2009 when Lyerla struck his vehicle.
According to the complaint, Lyerla allegedly negligently drove too fast, failed to control his vehicle, failed to stop behind another vehicle making a left-hand turn, allowed his vehicle to travel into the oncoming lane, became distracted, failed to watch traffic around him and concerned himself more with the pizza delivery than traffic safety.
Lisa Lyerla is also named a defendant. The suit states she negligently entrusted her vehicle to a driver she should have known was unable to safely operate a car and who would put timely delivery of food above safety.
Kenneth Lyerla and Lisa Lyerla received a summons to respond to the lawsuit within 30 days on Oct. 3, 2012. No responses were filed. Then the defendants responded by filing a motion to stay, which was granted.
Bruntjen claims he suffered numerous injuries, including head injuries, skull fractures and a distended stomach. He seeks $50,000 in addition to the $2 million he won in the previous case against Imo’s.
Bruntjen is represented by Charles W. Armbruster III and Michael T. Blotevogel of Armbruster, Dripps, Winterscheidt and Blotevogel.
Lisa and Kenneth Lyerla is represented by Michael C. Hobin from Reed, Armstrong, Gorman, Mudge & Morrissey, P.C. of Edwardsville.
Madison County Circuit Court case number 12-L-1472