Madison County Circuit Judge Barbara Crowder has denied a defense motion to dismiss a Bethalto man’s suit alleging he was shot in the face with an errant bullet fired from a field a mile away.
Crowder entered the order Jan. 24 in the motion brought by Brent Masiero, one of four defendants in a suit filed by Clifford Spickerman last April.
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, 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 Spickerman’s home, the lawsuit claims.
Spickerman accuses the men of negligence for reckless discharge of a firearm without a suitable barrier to prevent bullets from leaving the area.
Masiero had argued in his motion to dismiss that Spickerman is unable to determine who fired the bullet causing the injury, preventing the plaintiff from having a cause of action.
Stephen C. Mudge of Reed, Armstrong, Gorman, Mudge & Morrissey represents Maseiro.
Lanny Darr of Alton represents the plaintiff.
A case management conference for Feb. 26, 2014, at 9 a.m.
Madison County Circuit Court case number 13-L-534