A Belleville school janitor who seeks more than $800,000 in damages over injuries he claims to have suffered due to student horseplay has been given 21 days to amend his complaint.
According to an order signed Jan. 10, a motion to dismiss the suit brought by janitor Keith Muskopf and his wife Paula, will be heard at 9 a.m. on Feb. 10.
The Muskopfs originally filed suit with 24 counts of personal injury, negligence and loss of society claims.
The plaintiffs allege that Keith Muskopf's right shoulder was injured when defendants Ehhsan Hamden and Philsamrae Escaesenas slammed a door on it in May 2008 at Belleville West High School.
Keith Muskopf also claims neck injuries, mental anguish and the loss of a normal life.
Paula Muskopf claims to have lost her husband's society and companionship.
Rodolpho and Marites Escaesenas, the parents of Philsamrae Escaesenas, are also named as defendants.
The Escaesenas filed their answer last month denying the Muskopfs' claims.
The motion to dismiss alleges that the plaintiffs improperly sued Ehhsan Hamden because, as a minor, he could not legally act in the 2008 incident and he can't be sued.
The parties agreed, according to previous records in the case, that Hamden's parents would be substituted as defendants in the suit.
Steven Katzman of Belleville represents the Muskopfs.
Michael Murphy of Belleville represents the Hamdens.
Roger Wilson of St. Louis represents the Escaesenas family.
St. Clair County Circuit Judge Lloyd Cueto presides.
The case has been removed from the April 13 trial docket.
The case is St. Clair case number 10-L-230.