Hylla
The defendant in a case combining invasion of privacy and karate kick injury allegations is asking to split those claims into separate suits.
Defendant Dr. Renan Regan Mapue filed to separate the claims of Tallauah Todd Sept. 24.
Madison County Circuit Judge David Hylla is set to hear the plea Friday at 9:30 a.m.
Todd is suing Mapue on her behalf and that of her daughter, Stephanie Talley, for damages in excess of $75,000 and other relief.
The Greene County resident claims that in December 2005, she and Renan of Jerseyville were practicing karate exercises when he struck her with enough force to cause a herniated disc in her neck.
Todd's suit also includes two counts of invasion of privacy on her own behalf and that of her daughter.
The plaintiff claims that Renan took photographs of the two women during the time they lived with him.
Todd claims the photos caused her and her daughter to suffer mental anguish and the loss of a normal life.
In his motion asking to sever the claims, Renan points to the separate times of the incidents and argues that the claims don't share any common law elements.
"Moreover, the claims involved in Count II and III (the invasion of privacy claims) that would poison the jury in its considerations of the wholly separate and independent claim advanced in Count 1 (the personal injury claim)," the motion reads.
Renan also has a move to dismiss the personal injury claim pending.
In that claim filed 16 days prior to the motion to sever, Renan claims that medical records and bills produced to the defendant by the plaintiff point to a different, earlier time when the alleged injury happened.
The defendant points to a medical record from March 1, 2005 wherein the doctor treating Todd recorded her neck injury and related that she told him that it happened in January 2005 at Renan's home during the karate exercise.
Renan argues that the two year statute of limitations had passed by the time Todd filed her suit in October 2007.
James Williams represents Todd.
Michael Hamlin represents Mapue. Roger Wilson previously served as
defense counsel before withdrawing in July of last year.
The case is Madison case number 07-L-885.