Heather Isringhausen Gvillo Nov. 20, 2013, 12:21pm

State Farm Mutual Automobile Insurance Co. filed a supplemental motion to dismiss a Washington park police officer’s lawsuit over injuries sustained in an accident with an allegedly intoxicated driver, arguing that arbitration is required.

According to the complaint filed April 23, police officer Donald Hubert Jr. claims he was working on April 7 around 5:30 a.m. when he attempted to stop co-defendant Jonathan D. Klein, who was driving erratically.

“Instead of complying with the lawful instructions of a police officer, defendant Klein recklessly, and while intoxicated, drove his motor vehicle into the police car of plaintiff, resulting in injuries to plaintiff Hubert,” the suit states.

According to the complaint, Hubert had a policy through State Farm Mutual Automobile Insurance Company that was supposed to protect him if he got into a collision with an uninsured motorist.

State Farm filed a supplemental motion to dismiss on Nov. 8, through attorney Martin K. Morrissey of Reed, Armstrong, Mudge & Morrissey in Edwardsville, stating “that no legal action against State Farm may be brought against State Farm relating to the coverage until there has been full compliance with the consent to settlement in deciding fault and amount provisions of the policy; and those provisions require arbitration of underinsured motorist liability and damages.”

State Farm filed its original motion to dismiss on Aug. 20 arguing that Hubert failed to state “facts giving rise to a cause of action, contractual or otherwise” in his complaint.

In an order filed Nov. 12, St. Clair County Circuit Judge Andrew Gleeson granted State Farm’s motion to set aside and denied Hubert’s motion to strike State Farm’s motion to dismiss.

Gleeson also granted defendant Village of Washington Park’s motion to dismiss and granted the plaintiff 30 days to answer. The village had been accused of failing to secure workers’ compensation insurance and failing to provide Hubert with a safe place to work.

Hubert filed his motion to strike State Farm’s motion to dismiss on Aug. 22 accusing State Farm of waiting too long to file its motion to dismiss.

Mega Leasing Corporation is also named as a defendant, for allegedly selling alcohol to Klein, which allegedly caused him to become intoxicated.

Hubert seeks a judgment of more than $100,000, compensatory damages of more than $100,000, and punitive damages of more than $100,000.

Thomas G. Maag of the Maag Law Firm in Wood River represents the plaintiff.

St. Clair County Circuit Court case number 13-L-213

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Organizations in this Story

Reed, Armstrong, Mudge & Morrissey
115 N Buchanan St
Edwardsville, IL 62025-1771

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