Defendant in fatal apartment fire suit wants judge to enforce discovery agreement

A Roxana property owner fighting a Madison County wrongful death lawsuit is asking the Court to force one of the plaintiffs to respond to interrogatories and requests for production.

Dawson M. Cooper was sued last year by Tiffany Gresham and Toni Leeds, as special administrator of the estate of Gresham’s children - Skye Nichole Gresham and Jason Matthew Gresham II - who perished in a Feb. 5, 2011 apartment fire. The plaintiffs blame Cooper for allowing a faulty stove to remain on the premises and for not having properly working smoke and carbon monoxide detectors, among other things.

Gresham’s boyfriend Michael Macarthy, who lived at the apartment at the time of the fire, was later allowed to intervene in the case as a plaintiff.

Cooper claims that Macarthy has failed to comply with an agreement to supplement discovery answers by May 2.

Attorneys William B. Starnes, II and Jennifer M. Wagner of Reed Armstrong Mudge & Morrissey in Edwardsville represent Cooper.

Macarthy is represented by John Anderson and Andrew Martin of Anderson & Associates in St. Louis.

Gresham is represented by Ryan Mahoney of Swansea.

In a May 14 filing, Cooper’s attorneys state that Macarthy objected to the following questions by arguing they were overbroad, unduly burdensome and irrelevant:

“Have you suffered any personal injury or serious illness since the date of the occurrence? If so, describe the injury or illness, the date when experienced and the names and addresses of persons treating you therefore.

“Please give the names and addresses of all medical doctors or any person who has treated or examined the plaintiff for any physical or mental condition other than the alleged injuries in the past 15 years, and after each name list the condition for which treated or examined.

“Please give the names of any hospitals or institutions to which the plaintiff was admitted, or in which the plaintiff received treatment or examination, for something other than the alleged injuries in the past 15 years and after each name, list the condition for which treated or examined, and the date of such treatment or examination.”

Cooper also sought all investigative reports of police or other investigators pertaining to allegations in the lawsuit, to which Macarthy responded: “Information is equally available to Defendant.”

And, Cooper sought copies of Macarthy’s state and federal income tax returns for the past five years. Macarthy responded that the request was overly broad and harassing.

Cooper states that as of May 10, he has not received Macarthy’s supplemental responses, despite an agreement to do so.

Circuit Judge Andreas Matoesian presides.

Madison County Circuit Court Case No. 2012-L-434