Hearing on Cottage Hills man’s motion to dismiss continued in errant bullet lawsuit

Madison County Circuit Judge Barbara Crowder continued a motion hearing regarding a motion to dismiss in a case alleging a man was shot in the face with an errant bullet from a field a mile away in Cottage Hills while sitting in his Bethalto home.

The hearing was continued to Jan. 24, 2014, at 9 a.m, Crowder also scheduled a case management conference for Feb. 26, 2014, at 9 a.m.

According to the complaint filed in April, Clifford Spickerman claims he was in his home on the 500 block of Strobeck Lane in July 2011 when his face was allegedly grazed by a bullet from a Mosin Nagant rifle. At the time of the incident, defendants Brent M. Masiero, David M. Chenot, Brandon J. Gibbons and Frankie L. Zarantonello were target shooting in a field at the corner of 80 Street and Walnut Drive in Cottage Hills, which is about a mile from Spikerman’s home.

Spikerman claims one of the four defendants fired a round from the rifle, which can travel great distances. He accuses the men of negligence for reckless discharge of a firearm without a suitable barrier to prevent bullets from leaving the area.

According to the motion to dismiss filed by defendant Masiero, he claims Spickerman is unable to determine who fired the bullet causing the injury, preventing the plaintiff from having a cause of action.

“Plaintiff fails to allege facts indicating that Masiero himself acted in a tortuous manner,” Masiero argues.

Stephen C. Mudge of Reed, Armstrong, Gorman, Mudge & Morrissey represents Maseiro.

Lanny Darr of Alton represents the plaintiff.

Madison County Circuit Court case number 13-L-534