A 2000 negligence trial that was slated to begin Monday in Madison County Circuit Judge Dennis Ruth's court is on hold as the defense asks for a different trial due to their client's pregnancy.

Martin Morrissey of Reed, Armstrong, Gorman, Mudge and Morrissey of Edwardsville filed a motion asking Ruth to move the June 1 trial date. Morrissey filed the motion May 11.

According to the motion, defendant Marissa Smith is pregnant and, due to a pre-existing heart condition, would be unable to assist in her defense if the trial were held now. Morrissey is asking the trial be delayed until Smith has given birth.

Ruth is set to hear motions Friday.

The lawsuit was filed in 2000 by Keith Stark on behalf of his minor children, Dylan and Kailey as well as Christine Stark. Stark is represented by the firm of Perica and Hoefert of Alton, according to court records.

The case was originally assigned to then Madison County Circuit Judge Nicholas Byron.

The case is Madison case number 00-L-964.

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Reed, Armstrong, Mudge & Morrissey

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