Attorneys want records in unrelated case to keep class action moving

By Steve Korris | Feb 8, 2007

Attorneys Brian Wendler and Thomas Maag think they have found the key to success in the suits they file for truck drivers against Georgia trailer maker Cottrell Inc.

They want to see records under seal in a case they have nothing to do with.

In January Wendler and Maag asked Cottrell to produce all records under seal in a patent infringement suit that Boydstun Metal Works filed against Cottrell.

When Cottrell did not comply, Maag and Wendler filed emergency motions in separate cases to shorten the time for a response to five days.

Maag filed his motion in a suit he filed for Keith Yount against Cottrell and businesses of the Cassens family in Edwardsville.

Wendler filed his motion in a similar suit he filed for Gary Clark.

Yount, Clark and others have sued Cottrell and Cassens business over injuries they claim they suffered while securing vehicles to trailers.

The records under seal in the patent suit concern Linda Weseman, who Wendler and Maag plan to call as an expert witness.

In response to the emergency motions Daniel Carpenter of St. Louis filed a copy of a letter he sent to Wendler on Dec. 29.

Carpenter wrote, "…we have been advised yet again by Boydstun's counsel that Boydstun will not, under any circumstances, consent to Ms. Weseman being deposed about her work for Boydstun."

He wrote, "…Ms. Weseman cannot continue as an expert witness in these cases because she will not agree to be cross-examined on relevant topics."

The emergency motions reached Circuit Judge Daniel Stack on Jan. 31, but Stack did not have to rule on them.

Attorneys agreed that Cottrell would either respond or object by Feb. 14.

Stack set a Feb. 28 hearing on any objections from Cottrell.

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