Madison County Circuit Judge Andreas Matoesian granted the defendant’s motion to compel with respect to investigative reports in a wrongful death lawsuit against a Roxana landlord.
According to the lawsuit, Skye Nichole Gresham and Jason Matthew Gresham died when their apartment caught fire on Feb. 5, 2011.
Their mother, Tiffany Gresham, filed the lawsuit along with Toni Leeds, as special administrator of the estate of Gresham’s minor children.
The suit accuses the defendant, landlord Dawson Cooper, of allowing a faulty stove to remain on the premises and not having properly working smoke and carbon monoxide detectors, among other allegations.
Tiffany Gresham’s boyfriend, Michael Macarthy, who lived at the apartment at the time of the fire, was later allowed to intervene in the case.
Cooper asked the court to force Macarthy to respond to interrogatories and requests for production, claiming that he failed to comply with an agreement to supplement discovery to answers in a timely fashion.
Macarthy responded by filing a motion to dismiss his claims through attorneys John Anderson and Andrew Martin, a request the judge granted on June 15.
Matoesian granted Cooper’s motion to compel on Aug. 2, ordering Macarthy to disclose any investigative reports from the police and other investigators in his possession.
The motion to compel against Macarthy regarding medical issues and tax returns was declared moot.
Gresham is represented by Ryan Mahoney of Swansea.
William B. Starnes, II and Jennifer M. Wagner of Reed Armstrong Mudge & Morrissey in Edwardsville represent Cooper.
Madison County Circuit Court case number 12-L-434