The attorney for a Madison County man pursuing a case against Highland Ready Mix Concrete has requested a new case management order.
The case was set for trial Aug. 12, but plaintiff attorney Brian Wendler stated that no depositions have been taken, and no experts have been disclosed in his July 29 motion for a new case management order. Wendler also says discovery has been limited.
The next court date is Oct. 2 in Madison County Circuit Judge Andreas Matoesian’s courtroom.
Steven Norbury filed a lawsuit April 4 in Madison County Circuit Court against Highland Ready Mix Concrete.
In his complaint, Norbury alleged he bought concrete mix from Highland for custom projects in Troy, Waterloo and Maryville, according to the complaint.
The batches of concrete contained excessive amounts of a chemical called lignite, which caused the concrete to be unable to conform per the purchaser’s requests, his complaint says.
Norbury claims he was unaware of the problem until he started receiving calls from customers, who complained the concrete was rapidly deteriorating and needed replacement. Some of Norbury’s former customers have filed suit against him, seeking $3,257, while others have threatened to file a complaint, according to Norbury’s lawsuit.
To cure the faulty concrete, Norbury claims he has incurred or will incur more than $45,000 in costs. He has also lost business and suffered damages to his reputation, the complaint says.
Although he requested a reimbursement from Highland, the company refuses to oblige, the suit states.
Norbury seeks more than $50,000.
Defendant Troy Ready Mix Concrete responded to the complaint, denying the allegations and demanding a trial by jury on Dec. 20.
Jeffrey S. Hebrank of HeplerBroom in Edwardsville represents Troy Ready Mix Concrete.
Madison County Circuit Court case number: 12-L-423.