Byron holds CMC hearings

by Steve Gonzalez |
Jul. 31, 2005, 2:34pm

Madison County Circuit Judge Nicholas Byron held a case management conference (CMC) docket on July 27. Here is what happened:

  • Byron set a Sept. 11, 2006, trial date in a retaliatory discharge case against Beverly Farms in Godfrey.

    Jennifer Tuck filed the case against her former employer Feb. 28 alleging she was fired on Feb. 11 after filing a workmen’s compensation claim on Nov. 20, 2004, for a workplace injury.

    Tuck is seeking damages in excess of $50,000 plus punitive damages in excess of $50,000. She is represented by Richard Ameduri of Edwardsville.

    Beverly Farms is represented by Richard Korn of St. Louis.

  • Duane Adams' med-mal case against Granite City Hospital, John Petrovich, M.D. and Jeffrey Kidd, M.D. was assigned a trial date of Oct. 2, 2006.

    Adams claims that following his medical treatment he experienced paralysis, paraparesis, lethargy, acute respiratory failure, shortness of breath, wheezing, seizures, obtunded mental status, E. Coli and ileus.

    Adams, who filed his suit on April 14, is seeking damages in excess of $600,000. He is represented by Craig Jensen of the Lakin Law Firm in Wood River.

  • Janelle Adair’s case management against Jerseyville Discount Carpets and Chad Wittman was continued until pending motions for change of venue are resolved.

    Adair claims Wittman, during the course of his employment, collided into her vehicle on Mulberry Street in Jerseyville. She is seeking at least $100,000 in damages.

    On June 10, Byron granted Adair leave to conduct limited discovery, including Wittman and his mother, after Wittman’s residency was questioned.

    Adair is represented by Richard Sharrard of Edwardsville. Wittman is represented by Beth Boggs of St. Louis. Another CMC was scheduled for Sept. 28.

  • A CMC in Fredrick and Victoria Crook’s class action case against WMC Mortgage of Woodland Hills, Calif. was rescheduled to Aug. 24 while the Crooks amend their complaint.

    On July 22, Byron held a hearing on WMC’s motion to dismiss and denied the motion as to the count based on the contractual relationship of the parties, but allowed the motion to dismiss count II based on statute of limitations.

    Byron allowed the Crooks to amend their complaint to provide a more definite statement on the accrual on the cause of action.

    The Crooks, represented by Lisa Kernan and Stephen Tillery of Korein Tillery in St. Louis, allege WMC Mortgage Corp. misapplied mortgage payments, which resulted in inflated interest fees and additional late charges.

    The Crooks and class seek a refund of all charges, and further compensation in an amount to be proven at trial, not exceeding $75,000 per class member, plus all costs.

    WMC is represented by Troy Bozarth of Burroughs, Hepler, Broom, MacDonald, Hebrank and True of Edwardsville.

  • Rokeshia Jones filed an amended complaint in her case against State Farm Fire and Casualty and Robert Diak, its agent, in Granite City.

    The case was transferred to Madison County after originally being filed in St. Clair County Circuit Court.

    Jones claims that on Nov. 23, 2003, her Granite City rental home and insurance policy--and all correspondence with State Farm--was destroyed in a fire.

    According to the complaint, Jones purchased fire and extended coverage in the recommended amount of $50,000 from State Farm in April 2002.

    When the policy was up for renewal in April 2003, Jones failed to renew. However in July, she applied for another policy in the same amount at Diak's office, through a woman named "Debbie."

    After Jones paid the premium she asked Debbie why the premium was less and was told it was because her deductible was higher in this policy.

    “This inexperienced and unsophisticated plaintiff paid the premium believing that she was purchasing insurance coverage in the amount of $50,000 which was the amount of her previous policy,” the complaint states.

    Jones is represented by Marvin Goldenhersh of Belleville. Defendants are represented by James DeFranco of O’Fallon. State Farm and Diak still have a pending motion to dismiss the case.

  • Raymond Gavillet’s CMC was continued until Aug. 24. Gavillet filed suit March 21 against Smith & Nephew, Anderson Hospital and Nurses and Company alleging that an "Oxinium" orthopedic knee implant operation performed in March 2003, failed, causing him serious injuries.

    Represented by Aaron Dickey of Edwardsville, Gavillet, is seeking at least $350,000 in damages for his injuries, alleging the implant loosened in the right knee joint causing him to suffer disabling pain and swelling in and around both of his lower limbs.

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