Wrongful death lawsuit against Roxana landlord in court Friday

A lawsuit between a Roxana woman and her landlord over the death of her children in an apartment fire is set for motion hearing Aug. 2 in Madison County Circuit Judge Andreas Matoesian’s courtroom.

Defense attorney William Starnes II filed a certificate of service July 23, stating a notice of production in lieu of deposition was filed and sent to the plaintiff’s attorneys.

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.

Plaintiff Toni Leeds’ answers and objections to defendant Cooper’s interrogatories was filed June 18.

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 a motion to dismiss his claims on June 5, which Matoesian granted without prejudice on June 15.

Before Macarthy filed to dismiss his claims, Cooper had asked the court to force him 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.

Macarthy’s attorneys John Anderson and Andrew Martin filed a motion to withdraw from the case June 19, stating their withdrawal would not delay the trial of the case.

Matoesian on July 5 ordered the defendant’s motion to compel discovery compliance from Macarthy to be continued to the next available date.

Gresham is represented by Ryan Mahoney of Swansea.

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

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