Magistrate Judge Donald Wilkerson denied without prejudice Cypress Media’s motion to reset the April 17, 2017, trial date in a lawsuit alleging a three-year old boy lost his fingers when a newspaper box fell on him.

Wilkerson, a magistrate judge in the District Court for the Southern District of Illinois, filed his order on Nov. 10.

In its motion, the defendant argues that it is currently set for a five-day jury trial in a separate case in the District Court for the Western District of Missouri on the same day.

Plaintiffs Matthew and Casey Gibbs objected to the motion to continue on Sept. 13 through attorney Steven Giacoletto of the Giacoletto Law Firm. They argue that the case was originally set for December 2016 before it was reset to the April 2017 trial date.

Giacoletto also has another trial scheduled before Judge Staci Yandle in a class action against St. Clair County in April 2017. However, he states that trial dates are regularly continued; “and so it would be premature for the Court to grant a continuance at this time, when the conflicting trial dates in April of 2017 may never materialize.”

“Furthermore, Cypress Media has given no reason why the other trial in April 2017 should take precedence over the trial in this case.

“The Plaintiffs’ in this case have been delayed in having their trial and another continuance should not come at the hands of the Cypress Media,” the objection states.

The Gibbs filed their complaint on Jan. 28, 2015, in the Madison County Circuit Court against CBOCS West Inc., Cracker Barrel Old Country Store and the Belleville News Democrat.

They claim that on Nov. 16, 2013, they were finishing dinner with their three-year old son Carson and others when their son opened a Belleville News Democrat newspaper box. They allege that the box was not secured and fell over the boy.

As a result, the plaintiffs claim their son’s third and fourth fingers on his right hand were lacerated.

CBOCS West removed the case to federal court on Feb. 27, 2015.

Cypress Media is represented by the Law Office of Stephen H. Larson in St. Louis.

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