IML's suit against Berco Construction over Bethalto sewer line collapse in court

By Amelia Flood | Jun 28, 2011

Madison County Circuit Judge Andreas Matoesian is set to hear a motion to compel filed by a construction that is being sued by the Illinois Municipal League Risk Management Association (IMLRMA) at 9 a.m. on Friday.

Defendant Berco Construction Inc. filed the motion to compel April 20 in the suit filed last July.

The IMLRMA filed suit alleging that the construction company negligently bored a hole and caused a sewer line collapse in Bethalto in April 2008.

The resulting collapse caused sewage backup and damage that totaled $51,944.24 that was paid by Bethalto and the plaintiff.

The plaintiff is seeking to recover damages for the payments.

The construction company denies the claims.

Berco filed the motion compel contending that the plaintiff had not replied to discovery requests served in February.

A case management conference in the suit is also set tomorrow at 9 a.m.

It was continued from an April status conference.

Richard Mixson represents the plaintiff.

Seth Gausnell represents Berco.

The case is Madison case number 10-L-761.

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