Troy policeman Clarence Jackson doesn't have to defend himself against a claim that he injured attorney Amanda Verett by opening a door at a Pizza Hut restaurant.
Madison County Circuit Judge Nicholas Byron on April 4 dismissed Jackson from a suit that attorney Thomas Maag of Edwardsville filed for Verett last year.
Byron based his order on the Immunity Act, which limits the liability of municipalities.
When Maag filed the suit, he did not identify Jackson as a policeman.
Jackson, expecting the city to handle the claim, did not respond
to the suit.
Maag moved for default judgment against Jackson and Byron granted it.
The city swung into action on Jackson's behalf and persuaded Byron to vacate the default judgment.
Jackson then moved to dismiss and Byron granted the motion over Maag's objection.
Verett continues to pursue a claim against Pizza Hut of America.
On the day Byron dismissed Jackson, Andrew Miller of Hinsdale asked Byron to dismiss the claim against Pizza Hut of America.
Miller denied negligence, argued that Verett didn't state a claim on which Byron could grant relief, and held Verett mostly responsible for any injuries she suffered.
"Plaintiff's claims may be barred, in whole or in part, by her own contributory or comparative negligence," Miller wrote.