Madison County Circuit Judge David Hylla is set to hear the final pleas to approve a settlement in a suit brought by a woman who lost her husband and nine month-old son in a Granite City tow truck accident in 2008.
Jessica Ellen Legens and Regions Bank, the executors of the estates of Donald Legens Sr. and Donald Legens Jr. settled with all of the defendants in their wrongful death case last month.
The suit sought damages in excess of $50,000. There also was a move to add punitive damages before the suit settled.
The final approval hearing of the settlement is set at 1:30 p.m. on Friday.
The terms of the settlement are not available.
Jessica Ellen Legens sued tow truck driver Mark Ikerman, Mannheim Services Corporation – his employer, the owners of Sparky's Pub 397 and Mac & Mick's Sports Bar and Grill.
According to the complaint, Legens' husband called for a tow truck when his car ran out of gas in November 2008.
Ikerman, a tow truck driver working for Mannheim, answered the call.
Ikerman's tow truck hit Legens' car.
Donald Legens Jr. was inside the car.
The car was pushed into his father who was outside of the vehicle.
Donald Legens Sr. died on the night of the accident. The child died shortly after from the injuries he suffered in the crash.
Ikerman had allegedly been drinking at the two bars prior to the accident.
He faces criminal charges in connection with the accident.
Hylla tossed out a third party complaint filed by Mannheim in December 2010.
The most recent action in the case following the plea for settlement approval came Jan. 19 when attorney Michael Glisson was appointed to represent the interests of all the minors in the case.
Donald Legens Jr.'s grandparents are also represented in the case by Troy Walton. They are not parties to the suit.
Jessica Ellen Legens' attorneys are Kevin Davidson and H. Lynn Henry.
Edward Aucoin and Donald O'Meara of Chicago represent Mannheim.
Joel Groenewold of Chicago represents Mark Ikerman. He is represented in the criminal matter by Edward Unsell.
Ralph Derango represents Mac & Mick's Sports Bar and Grill Inc.
Daniel Hasenstab represents Mark and Mary Eddleman. The Eddlemans own Sparky's.
The case is Madison case number 08-L-1113.