Madison County Circuit Judge Ann Callis on April 12 dismissed a personal injury case brought over shots fired in Bethalto more than five years ago.
Plaintiffs Kevin and Chad McCoy sued James Ferando for allegedly discharging a firearm “recklessly and carelessly" multiple times in their direction. They sought damages of at least $15,000 per each of their suit’s four counts.
They claimed to have suffered severe emotional distress and the loss of a normal life.
According to the complaint, the McCoys were riding in their cars near the intersection of Bethalto and Texas boulevards in Bethalto in September 2007.
Ferando denied negligence in his answer to the suit.
Last month, Madison County Circuit Judge Andreas Matoesian ordered the plaintiffs to surrender cell phone, personal computer and Facebook information to Ferando.
Defense attorney Jane Unsell had sought the information saying Chad McCoy's Facebook postings showed he was not suffering from post traumatic stress disorder (PTSD) as claimed.
The plaintiffs had 30 days to comply, according to Matoesian's order. A trial had been scheduled to start March 11, but was continued and set on the case management docket.
Ferando had admitted he fired his gun as he was “defending his person against the plaintiff,” but denied other remaining allegations.
“Defendant admits he had a duty of care for the safety of all persons on his property but denies violating said duty,” court documents say.
The McCoys were represented by Joseph Brown of Edwardsville.
On stipulation of the parties, plaintiffs Kevin McCoy and Chad McCoy’s case was dismissed with prejudice, according to Callis’ April 12 order.
The case is Madison case number 09-L-306.