Madison County Circuit Judge William Mudge on Friday continued a hearing on a Cottrell Inc. motion for a stay in a case of a man and his wife suing the trucking company over injuries from a fall.

John and Jacqueline Thompson claim Cottrell and co-defendant Auto Handling Corp. were warned about the lack of traction on their trucks before John Thompson was hurt in a fall from the top of a truck.

The notice, filed Jan. 26, indicates the case was removed to the district court for the Southern District of Illinois. Without briefing or a motion, the court remanded the case filed in 2009 back to the court Jan. 10.

"The issue of whether or not this case will be decided in this court or in the district court is an issue currently being decided by the Seventh Circuit," the notice says.

Thompson was allegedly working as a car hauler in Granite City on Aug. 14, 2008, when he fell from a rail at the top of his rig to the ground.

As a result, Thompson sustained injuries to his right and left shoulder and experienced pain. He also was disfigured, incurred medical costs, lost wages and may be forced to retire early, the complaint says.

Cottrell negligently failed to equip its rig with safe ladders, footing, walkways, traction and handholds; failed to sufficiently warn of the dangers of its rig; failed to analyze injury and testing data; failed to adequately test its rigs to make sure it was safe; failed to redesign the rig when it knew that it was causing excessive injuries; and failed to impress on others the need to redesign similar rigs, the Thompsons claim.

The Thompsons seek a judgment of more than $50,000.

Brian M. Wendler and Thomas G. Maag of Wendler Law in Edwardsville represent the Thompsons.

Daniel Carpenter, Amy Lorenz-Moser and Theresa Lynch from Armstrong Teasdale are the attorneys for Defendant Cottrell.

Madison County Circuit Court case number: 09-L-1067.

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