Falb
A motion to dismiss a woman's suit over a former music teacher's sexual relationship with her teenage daughter will be heard in February.
O'Fallon Federation of Teachers, a defendant in the Madison County lawsuit, filed its motion to dismiss the case brought by plaintiff Jane Doe.
Jane Doe is suing the teachers union and O'Fallon School District #203 for allegedly concealing prior inappropriate relationships former music teacher and co-defendant Matthew Lang had with students when Alton school officials inquired about Lang during a job hunt.
Alton went on to hire Lang who then allegedly had a sexual relationship with Jane Doe's teenage daughter.
Lang pled guilty last year to criminal charges related to that incident.
The teachers union's motion to dismiss will be heard Feb. 4 at 9 a.m.
The union's attorney Christopher Kolker wrote in December 2010 to ask for the setting.
Both the teachers' union and the school district deny the plaintiff's claims.
The union is moving to dismiss claiming the plaintiff's suit improperly asks for punitive damages, merges causes of actions and that an intervening criminal act means it did not owe a duty to a third party.
The union also argues that Madison County is an improper venue for the suit because it never did business here and the alleged acts took place in St. Clair County.
The O'Fallon school district tried unsuccessfully to have the case moved to St. Clair.
Chief Judge Ann Callis denied that motion last year.
The school district was denied leave to appeal her ruling by the Fifth District Appellate Court.
Thomas Falb represents Jane Doe.
James Craney and others represent the school district.
Lang does not have representation listed in the civil suit.
The case is Madison case number 09-L-886.