Mudge orders parties to cooperate on deposition scheduling in PKM personal injury case

By Amelia Flood | Jul 11, 2011


Madison County Circuit Judge William Mudge has ordered the remaining parties in a personal injury suit filed over a roller conveyor belt injury to "cooperate" in the days leading up to the suit's July 18 trial.

The suit's pre-trial conference is set for July 15 at 2 p.m.

Plaintiff David Phillips filed a motion to quash deposition dates set by defendants Siem Ag-PKM GMBLL and Integrated Industrial Systems Inc. that he alleged violated Supreme Court discovery rules as they would have been set on a Saturday and Sunday.

The plaintiff also contended that defense counsel then set the deposition dates for a date that his attorney could not attend due to a court-ordered mediation in Minneapolis.

Mudge, in an order entered July 7, sided with Phillips and ordered the parties "to cooperate in scheduling."

Phillips sued Siem Ag-PKM GMBLL, Intergrated Industrial and a number of other defendants four years ago for injuries he allegedly suffered in an accident at an East Alton Olin plant.

Phillips alleges that a roller conveyor machine made by Siem Ag-PKM GMBLL was unreasonably dangerous and it caused his injuries when he tripped and fell onto it.

The other defendants in the suit included RCS Construction Inc., GRP Mechanical Company Inc., Cardinal Contracting LLC, and J.F. Electric Inc.

The plaintiff alleges that Integrated Industrial gave Olin bad advice about what machine to purchase.

The plaintiff contended the other defendants were negligent in how they installed the conveyor belt and that they also created the trip hazard that led to the accident.

Olin was also named in claims for contribution filed by the other defendants but was dropped from the case.

The other defendants in the suit –except Integrated Industrial and Siem Ag-PKM GMBLL – settled.

RCS was the most recent defendant to settle the claims against it, paying $12,500 in April.
The settlement pushed off an April trial date set in the case.

Roy Dripps represents the plaintiff.

Kevin Babb and others represent Siem-Ag.

Pamela Triplett represents Intergrated Industrial.

The case is Madison case number 07-L-821.

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