Mudge
Madison County Chief Judge Ann Callis has set deadlines in a letter carrier's case against a Granite City couple after the couple's dog allegedly attacked the carrier as he delivered mail.
The case involves plaintiff Gary York and his suit against James and Renee Beyer of Granite City.
Callis set a trial date of March 4, 2013.
She also set the following deadlines:
- Discovery and depositions of the parties and the plaintiff's treating health care providers is to be completed by Dec. 15.
- The defendant is to serve interrogatories on the plaintiff by June 15.
- The plaintiff is to answer interrogatories by Aug 1.
- The plaintiff is to make retained opinion witnesses available for deposition by Sept. 1.
- The plaintiff is to serve interrogatories on the defendant by Aug. 15.
- The defendant is to answer the plaintiff's interrogatories and shall identify any examiner pursuant to Supreme Court rule by Oct. 1.
- The defendant's retained opinion witnesses and any rule examiner are to be made available for deposition by Dec. 15.
- The plaintiff is to make retained opinion witnesses available for deposition by Sept. 1.
The Beyers, through their attorneys at Reed, Armstrong, Gorman, Mudge & Morrissey, state that York's conduct of entering their property and porch provoked their dog with his mail bag.
They also claim York failed to determine if it was safe to approach the door of the defendants' home prior to doing so and failed to notify them that he preferred not to enter the porch in order to deliver mail.
In addition, the Beyers claim that some of his injuries are a result of his failure to maintain his balance or an overreaction to the dog.
The Beyers claim that York assumed risk by approaching their home when he knew a dog lived there that was prone to barking at strangers.
York originally sued the Beyers on Sept. 1, 2011.
According to his complaint, York walked onto the Beyers' porch on Garfield Avenue in Granite City in August 2010 to deliver the couple's mail. While he was on the porch, York says a white dog came out the front door - unprovoked - and attacked him.
He claims the dog bite caused injuries to his shoulder and neck that required medical attention and caused pain and suffering along with emotional distress.
York claims the Beyers are negligent for failing to control their dog and failing to provide a safe place to deliver the mail. He asks for more than $50,000 in damages.
Attorney Peter S. Blase and Dawn Kamadulski O'Leary of Granite City represents York.
Stephen Mudge represents the Beyers.
Madison County Circuit Court Case No. 11-L-875.