Credit records subpoena to be argued at hearing in suit against funeral home

The purchase of a piano is at the heart of a hearing scheduled over a subpoena issued in a financial dispute between a former funeral home manager and his ex-employers.

Plaintiff and counterdefendant Barry Wilson wants a subpoena for credit and loan records from his ex-employers, Robert and Judith Herr, quashed. The Herrs, the defendants and counterplaintiffs in the suit, argue that the documents they seek prove that Wilson improperly used the company credit cards and was reimbursed for a piano he bought for himself and not for the funeral home.

The hearing on the matter is set for Dec. 9 at 10 a.m. before St. Clair County Circuit Judge Michael O'Malley.

Wilson's original suit against the Herrs and their funeral home stemmed from what he claimed was his wrongful termination.

The Herrs filed a countersuit against Wilson claiming he misused company credit cards to buy up to $12,000 in personal items including a yoga set and beer.

The Herrs were granted a subpoena to ask for records about a loan Wilson and his wife, Janice Wilson, received to help pay for a piano.

The Herrs allege that Wilson had the funeral home reimburse the instrument's cost although it was not purchased for funeral home use.

Wilson moved Nov. 2 to quash the subpoena, arguing it was a private purchase and involved his wife's credit and finances. His wife is not a party to the suit.

A move by the Herrs to transfer the case to Madison County has not yet been resolved, according to the case file.

Wilson's suit seeks damages of more than $50,000, costs, and the lifting of a non-compete clause to allow him to work at another St. Clair County funeral home if he chooses.

Wilson is represented by Jill Rembusch of St. Louis.

The Herrs are represented by Christopher Byron, Meredith Head and
Brian Kalb of Edwardsville.

The December hearing was originally set as a case status conference.

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