A Granite City woman who won $10,000 in emotional distress damages following a collision caused by a neighbor's dog is asking for a new trial on damages only.
Madison County Chief Judge Ann Callis is slated to hear the plea Friday at 9 a.m.
The move, filed by plaintiff Mildred Aldridge, was to be heard in July but was pushed back.
Callis recently granted Aldridge leave to eliminate a negligence count against defendant Donna Eberlin and to amend her complaint to reflect the change.
Callis also threw out a claim for contribution filed by Eberlin against Aldridge's sister, Daisy Welch.
Aldridge originally sued Eberlin, her neighbor, for damages in excess of $50,000. Aldridge claimed to have suffered compression fractures of her spine and other injuries after Welch collided with her after running from Eberlin's dog.
A jury awarded Aldridge $10,000 following a May trial but declined to award any relief on the negligence counts of the case.
Aldridge then filed for a new trial on the damages issue June 6.
The motion was set for argument July 20.
However, Madison County Circuit Judge David Hylla oversaw Callis' docket that day and could not hear the move for a new trial due to the fact that Aldridge's attorney, Michael Bilbrey, is a former firm mate.
Eberlin is represented by Victor Avellino of St. Louis.
The case is Madison case number 06-L-860.