Trial set in wrongful death suit against Roxana landlord

By Ann Maher | Jun 17, 2014

Discovery and depositions in a Madison County wrongful death lawsuit against a Roxana landlord are due by Sept. 4 with a jury trial set for Nov. 3.

The suit filed two years ago seeks damages over the deaths of children Skye Nichole Gresham and Jason Matthew Gresham who perished in an apartment fire on Feb. 5, 2011.

Their mother, Tiffany Gresham, filed the lawsuit along with Toni Leeds, as special administrator of the estate of Gresham’s minor children.

The suit accuses the defendant, landlord Dawson Cooper, of allowing a faulty stove to remain on the premises and not having properly working smoke and carbon monoxide detectors, among other allegations.

Tiffany Gresham’s boyfriend, Michael Macarthy, who lived at the apartment at the time of the fire, was later allowed to intervene in the case and seek damages from Cooper.

The case is presided over by Circuit Judge Andreas Matoesian.

Last fall, Cooper asked the court to force Macarthy to respond to interrogatories and requests for production, claiming that he failed to comply with an agreement to supplement discovery to answers in a timely fashion.

Macarthy, who had been represented by John Anderson and Andrew Martin, responded by filing a motion to dismiss his claims.

Cooper later filed a counterclaim for contribution against Macarthy, but asked that it be dismissed in April.

Anderson and Martin moved to withdraw as counsel for Macarthy, which Matoesian granted on Feb. 21.

Gresham is represented by Ryan Mahoney of Swansea.

William B. Starnes, II and Jennifer M. Wagner of Reed Armstrong Mudge and Morrisseey in Edwardsville represent Cooper.

Madison County case number 12-L-434.

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