Madison County Chief Judge Ann Callis will hear a move by two defendants in a Ste. Genevieve, Mo. accident case to have the second complaint in the case thrown out.
Defendants Gary Collier and Millstadt Rendering Co. filed their motion to dismiss or strike the second amended complaint filed by plaintiffs Thomas and Betty Edwards on Sept. 17.
The Edwards couple is suing Collier and the rendering company for injuries they claim to have suffered when Collier stopped one of the company's trucks along a Missouri interstate causing an accident in September 2007.
A third party, Slay Transportation, filed to intervene in the case Jan. 29 seeking to recover property damage caused by the accident.
Claims for contribution have also been raised in the suit.
The plaintiffs are seeking at least $50,000 and relief.
In the motion to dismiss, the defendants argue that the second amended complaint raises questions based in Missouri law which conflicts with Illinois' statutes.
The defendants argue that Illinois law should apply because the defendants are based here, Slay Transportation is based here and the Edwards couple resides in East Alton.
The motion goes on to point to various conflicts between the questions of law stated in the complaint and Illinois law.
Eric Carlson represents the Edwards couple.
Martin Morrissey represents Collier and Millstadt Rendering.
Michael Ward represents the intervener in the case, Slay Transportation Corporation.
The case was previously assigned to Madison County Circuit Judge Daniel Stack.
The case is Madison case number 08-L-813.