MOUNT VERNON – St. Clair County Circuit Judge Heinz Rudolf didn’t state his reason for denying transfer of an injury suit to Washington County, so Fifth District appellate judges decided he must have had a reason.
They affirmed him on Sept. 12, “based solely on the absence of a sufficient record.”
Rudolf ruled in favor of attorney Tom Keefe, whose firm in Swansea contributed $13,000 to Rudolf’s judicial campaign in 2018.
Keefe represents Jaramie Poe, who sued Prairie State Energy in 2020.
Poe claimed he slipped on oily pavement near his truck on Prairie State’s premises.
Prairie State moved to transfer and attached an affidavit of chief operating officer Randy Short stating Prairie State didn’t conduct business in St. Clair County.
Keefe amended Poe’s complaint to add Prairie State employee Andrew Blank as second defendant.
Prairie State renewed its transfer motion and Blank moved to dismiss the claim against him.
Poe opposed transfer in 2021 and filed an affidavit stating he visited Prairie State about twice a week and dealt with Blank on nearly every occasion.
He claimed that Blank appeared to direct and supervise aspects of work involving him and his employer.
He stated he didn’t know where Blank lived.
Prairie State filed an affidavit of warehouse supervisor Janice Shuh stating she dealt with Poe on the date in question. She stated Prairie State didn’t employ Blank in a supervisory position and he had no responsibility related to Poe’s visit on that date.
Prairie State filed an affidavit of Blank, who stated he didn’t recall interacting with Poe on that date.
Rudolf heard argument without a court reporter taking a transcript.
In December he denied the transfer motion and Blank’s motion to dismiss.
He found Poe didn’t join Blank in bad faith or for the purpose of establishing venue.
Prairie State appealed and notified the Fifth District that it would submit a bystander’s report of the hearing upon approval and certification by Rudolf.
Fifth District judges never received a bystander’s report, an agreed statement of facts, or a request for an extension of time.
Justice Mark Boie wrote that Rudolf stated a legal conclusion and didn’t set forth factual findings or explain precisely why he denied transfer.
“Unless there is a contrary indication in the circuit court’s order or in the record, we must presume that the circuit court heard adequate evidence to support the decision that it rendered," Boie wrote.
“Therefore, without a supporting record, we are without a basis to meaningfully evaluate the circuit court’s decision and are obliged to affirm it.”
Donald Flack of Armstrong Teasdale in Edwardsville represents Prairie State.