No punitives allowed in Cottrell personal injury, judge rules

By Steve Korris | Jul 2, 2008


Madison County Circuit Judge Dave Hylla will not allow trucker Michael Mandeville to claim punitive damages from the company that built the trailer he hauled.

Hylla dismissed two counts for punitive damages against Cottrell Inc., of Georgia, on June 19.

Cottrell attorney Amy Lorenz-Moser of St. Louis moved to dismiss the counts June 6.

She argued that Mandeville's attorney, Brian Wendler of Edwardsville, improperly sought punitive damages in an amended complaint.

Under Illinois law, Lorenz-Moser wrote, a plaintiff seeking punitive damages must file a motion to amend the complaint and have a hearing.

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