Matoesian grants plaintiff's boyfriend's motion to dismiss

Madison County Circuit Judge Andreas Matoesian on June 14 granted plaintiff Michael Macarthy’s motion to dismiss without prejudice his claim against a Roxana property owner.

Defendant Dawson 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 blamed 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.

Macarthy filed his motion to dismiss June 5.

Cooper asked the Court to force Macarthy to respond to interrogatories and requests for production. Cooper claimed that Macarthy failed to comply with an agreement to supplement discovery answers by May 2.

Gresham and Leeds’ cases against Cooper remain pending.

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.

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