Cassens seeks to dismiss $2 million suit

By Steve Gonzalez | Jan 15, 2006

A 25-count lawsuit seeking $2 million in damages from a Metro-East trucking firm is set for hearing on a motion to dismiss on Jan. 25.

James Lambrich claims Cassens Transport Company, Cassens Corp., Crawford & Co., its employees Dwight Kay and Tina Litwiller, retaliated by firing him after he filed multiple workers' compensation claims.

Madison County Circuit Judge Daniel Stack will preside at the hearing.

Lambrich, who is represented by the Lakin Law Firm in Wood River, filed worker's comp claims in 1992, 1996, 1999 and 2002.

The suit file March 16, 2005, alleges the defendants selectively edited videotaped surveillance to present an erroneous depiction of his ability to perform manual labor.

Lambrich says he was denied "in his repeated attempts to beg for a job of any type," and that his supervisors were to "immediately contact Kay if he came back to beg for a job."

The defendants conduct has caused Lambrich to suffer economic losses, increased debt, reduced self-esteem, and extreme mental hardship in both his personal and professional life, which includes diagnosed psychiatric conditions for which he has been hospitalized and has damaged his marital relations, the suit states.

Lambrich also claims Cassens attempted to "teach him a lesson and to set an example for his co-workers who are injured and file a workers' compensation claims."

Crawford & Co. serves as an independent adjuster for Cassens for claims filed by injured workers.

Litwiller is a Crawford employee who handles Cassens' claims.

Kay and Cassens Transport are represented by Gordon Broom of Burroughs, Helper, Broom, MacDonald, Hebrank, & True of Edwardsville.

Cassens Corporation is represented by James Stockberger of Armstrong Teasdale in St. Louis. Peter Hoffman of St. Louis represents Crawford & Co. and Litwiller.

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