Madison County Circuit Judge Barbara Crowder has granted a request to transfer an Oklahoma woman’s lawsuit alleging she purchased a boat that sunk during the transaction without her knowledge to Randolph County.
Plaintiff Yasmin Saighi filed the lawsuit on Oct. 22 against Kaskaskia Regional Port District, Illinois Department of Central Management Services and Ed Weilbacher.
According to the complaint, Saighi alleges she purchased a boat known as the MV Blankenship at an auction for $30,056. At the time of her transaction, however, Saighi did not realize that the boat had sunk while in the defendants’ possession in December 2011, the suit states.
It was not until Oct. 27, 2013, that Saighi says she learned that the boat had sunk. She immediately initiated efforts to rescind the contract, the complaint states.
“Damage caused by the sinking of the vessel requires that both engines be overhauled and, as a result, the vessel has only salvage value,” Saighi argues. “As a result of defendants’ false representations and its failure to disclose known deficient conditions of the vessel caused plaintiff to suffer consequential damages in the sum of $160,000.”
Kaskaskia Regional Port District and Weilbacher filed a motion for change of venue on Nov. 21, seeking to transfer the case to Randolph County.
They argued that Kaskaskia Regional Port District’s principal office is located in Randolph County and the plaintiff is a resident of Oklahoma, making Madison County an improper jurisdiction.
In fact, they argue that none of the facts alleged in the complaint occurred in Madison County.
Crowder granted the defendant’s motion for change of venue on Jan. 8, transferring the case to Randolph County.
Saighi seeks a determination that the contract between the plaintiff and the defendants is rescinded and null. She also seeks a restitution of the money she paid to purchase the boat, plus consequential damages in the amount of $160,000, exemplary damages, costs, attorney fees and other relief the court deems just.
John L. Blitzer of Blitzer Law Firm in Collinsville represents Saighi.
Robert J. Sprague of Sprague and Urban in Belleville represents Kaskaskia Regional Port District and Weilbacher.
Madison County Circuit Court case number 14-L-1437