A suit and counterclaim stemming from an accident in St. Jacob Township two years ago has settled a week ahead of its scheduled trial.
Madison County Circuit Judge Dennis Ruth had been scheduled to open the trial of Rodney Grimsley v. Zachary Nolker Oct. 13 at 9 a.m.
According to the court docket, attorneys for Rodney Grimsley, his wife and two children, informed the court of the case's settlement Oct. 2. A settlement conference is now set for Oct. 9 at 1:30 p.m.
Rodney Grimsley, his wife, Kristina, and two children sued Nolker over injuries they claim to have suffered when Nolker's 205 Dodge Neon hit their 2004 Chrystler Town and Country on State Route 4 in St. Jacob Township on Feb. 18, 2007.
According to their complaint, Nolker failed to decrease his speed to avoid the accident, failed to exercise care, failed to keep lookout and failed to drive in the right traffic lane.
The Grimsleys' suit sought damages in excess of $50,000 and costs per each of the four counts of the complaint.
Nolker, in his answer, denied the charges and argued that Rodney Grimsley, who was driving the Town and Country, caused the accident.
Details of the settlement were not available in court documents.
The case had originally been assigned to former Madison County Circuit Judge Nicholas Byron.
The Grimsleys were represented by Christopher Koester of Effingham.
Nolker was represented by James Leritz of St. Louis.
The case is Madison case number 08-L-820.