Driver's case against hospital settles through mediation on eve of trial

By Christina Stueve Hodges | Sep 4, 2012



A trial scheduled to begin Tuesday in Madison County over a delivery driver's case against Gateway Regional Medical Center has been mediated and settled.

Plaintiff Douglas Luksza Jr. filed suit in 2010 claiming he was attempting to deliver a package for Delivery Logistics on Jan. 14, 2010, when he sustained injuries to his neck, head and back after a level collapsed while he was standing on it.

An Aug. 31 civil mediator's report stated the parties had reached an agreement as to all disputed issues, and the agreement will be filed with the Madison County Circuit Clerk.

On Aug. 9, Gateway Regional, which has denied the allegations, filed 10 motions in limine, asking that certain evidence be inadmissible or offered at trial.

Keith Short and Noel L. Smith Jr. of Hazlett and Short in Shiloh represent Luksza Jr.

Richard Behr of Behr, McCarter & Potter represents the defendant.

Circuit Judge Dennis Ruth presides.

Madison County Circuit Court case number: 10-L-598.

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