Wife ordered to turn over financial statements in suit over bathtub fall

By Amelia Flood | Feb 23, 2011



Madison County Circuit Judge William Mudge has ordered a woman to turn over financial documents needed to settle a civil suit brought against her by her husband of more than 20 years.

Mudge signed orders Feb. 18 granting a motion to compel filed by plaintiff Thomas Dodd that asked the court to force his soon-to-be-ex-wife Carol Dodd to turn over financial records.

Thomas and Carol Dodd filed for divorce in 2007.

A year later, Thomas Dodd filed a civil suit against Carol Dodd, Ameren Services Company and the Granite City Steel Federal Credit Union seeking damages in excess of $180,000.

Thomas Dodd claims that his wife left him for days without food or water in the bathroom of the couple's home after a fall.

He also claims she forged his signature to empty his retirement accounts held by Ameren and forged it again to open accounts for the funds at the Granite City credit union.

Carol Dodd denies her husband's claims.

The other defendants in the case had filed counterclaims against Carol Dodd.

Mudge ordered the parties to mediation last year and specifically mandated Carol Dodd attend the mediation in a December 2010 order.

A settlement resulted from the Jan. 7 mediation.

Under that settlement, Thomas Dodd would receive the more than $180,000 from his retirement accounts that is currently in an escrow account at the Bank of Edwardsville.

He would also receive $10,000 for his emotional distress.

The couple would then split their remaining property in half.

The other parties in the civil case would also be released under the settlement.

Thomas Dodd's attorney, Thomas Burkart, asked for and was granted an order Feb. 4 requiring Carol Dodd and her attorney, Alexander Wilson, to turn over the financial documents needed to execute the settlement.

Mudge gave the pair until Feb. 9 to do so.

That deadline passed without production of the documents.

Thomas Dodd then filed a motion for a rule to show cause. That motion asked the court to find Carol Dodd in indirect civil contempt of the Feb. 4 order and to award the plaintiff attorney's fees for "having to force the issue."

According to Mudge's Feb. 18 order, the rule to show cause has been continued while the plaintiff reviews documents produced Feb. 17.

Mudge also ordered Carol Dodd who appeared personally at the Feb. 18 hearing to preserve all financial statements as she receives them and to produce them to the plaintiff's attorney.

The cost issue has been reserved and will be reset.

Mudge also granted a motion Feb. 18 by Thomas Dodd that requires the credit union to allow Burkart to access all documents related to Carol Dodd's accounts and holdings with it.

Gary Meadows represents Ameren.

James Craney represents the credit union.

The case is Madison case number 08-L-606.

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