Ohl
A negligence suit against the Bank of Edwardsville as representative of an Edwardsville man's estate is over.
The case brought by Lenora Mitcherson had been set for trial May 2 at 9 a.m.
Mitcherson sued the bank in its role as independent representative of the estate of Ernest Tosovsky Jr.
According to a notation in the case's docket sheet, the suit settled April 15 in a phone call from plaintiff's attorney John Raffaelle's office.
The case file does not include any details on the proposed settlement or whether it also settles a third party complaint brought in the case against Joanne Fields, a contractor working on Tosovsky Jr.'s property.
Mitcherson's suit seeks damages in excess of $15,000 and costs.
According to her complaint, while helping Tosovsky Jr. out of his seat on a porch swing, she fell backward and hit her right hand, arm, head and back.
The plaintiff claims she suffered multiple injuries as a result of the fall.
The bank denies the claims it is answer.
It also claims that Mitcherson was at least 50 percent liable for her own injuries.
The bank filed the third party complaint against Fields in June 2010.
In that complaint, the bank claims that Fields breached her duty to the plaintiff by failing to assist Tovosky Jr., failing to warn Mitcherson and failing to supervise Mitcherson's assistance of Tosovsky Jr.
It asks for contribution from Fields in the event of a judgment against it.
Madison County Circuit Judge Andreas Matoesian presides.
Donald Ohl represents the bank.
Mark Levy represents Fields.
The case is Madison case number 08-L-524.