Herr Funeral Home seeks to move suit to Madison County

Both the plaintiff and defendant in a St. Clair County funeral home dispute have filed answers to each other as the presiding judge decides whether or not to move the suit to Madison County.

St. Clair County Circuit Judge Michael O'Malley took a move by defendants and counterclaimants Robert and Judith Herr, of Herr Funeral Homes Ltd., under advisement Sept. 16. No order has yet been entered as to whether he will grant the Herrs' motion to move the suit brought by their former manager, Barry Wilson, to Madison County.

Herr Funeral Homes has locations in Collinsville, Glen Carbon and Caseyville.

Wilson has sued the Herrs for his alleged termination without cause. His suit seeks the lifting of a non-compete employment clause, costs, attorneys' fees and damages in excess of $50,000.

Wilson alleges, among other charges, that the Herrs paid Judith Herr a "substantial salary" and other benefits for work she did not perform for the funeral homes and that the company placed the Herrs' daughter and son-in-law on the company's health insurance improperly.
The Herrs counter that Wilson misused company credit cards to charge $12,000 in personal items including "Yoga for Beginners," and "Bud Light Lime."

In their competing answers, the Herrs deny the charges set forth by Wilson. Wilson denies the charges set forth by the Herrs.

The Herrs are seeking to transfer the case to Madison County citing its "greater connection" to the case and inconvenient venue." Wilson opposes the move.

Wilson is represented by Jill Rembusch of St. Louis.

The Herrs and the funeral homes are represented by Christopher Byron, Brian Kalb and others.

The case is St. Clair case number 09-L-345.