U.S. District Judge William D. Stiehl is denying allegations brought against him in an auto collision lawsuit, asking that the case be dismissed.
According to the complaint filed on Aug. 5, Amos C. Mosby, Jr. claims he was driving on McClintock Avenue in Belleville on Aug. 13, 2011, around 1:20 p.m. when Stiehl, driving on Garden Boulevard near its intersection with McClintock, ran a stop sign and caused a collision.
Stiehl is accused of failing to maintain a proper lookout, failing to stop at a clearly marked stop sign, failing to yield the right-of-way, failing to obey a traffic control device and driving through an intersection without first determining whether it was safe to do so.
Stiehl presides as federal judge in the Southern District of Illinois.
He also filed affirmative defenses in the case on Sept. 18 claiming that Mosby is at least 50 percent liable for the accident.
He also blames the plaintiff for being negligent and at fault for his own injuries. He claims Mosby failed to keep a careful lookout, operated his vehicle at an excessive speed for the conditions, failed to sound his horn or reduce speed to avoid a collision and failed to notice and observe Stiehl’s vehicle.
Stiehl claims he is “entitled to a set off of any settlement monies that plaintiff has perceived to be alleged injuries sustained in the accident identified in his complaint,” the affirmative defenses state.
Lastly, Stiehl accuses Mosby of failing to mitigate his damages.
Mosby replied to Stiehl’s affirmative defenses on Sept. 26, denying all of Stiehl's arguements.
A jury trial has been demanded.
Mosby seeks a judgment of more than $50,000.
St. Clair County Circuit Judge Robert LeChien scheduled a status conference for Nov. 12 at 9:30 a.m.
Mosby is represented by Amy Collignon Gunn of the Simon Law Firm in St. Louis.
David C. Berwin of Evans & Dixon in St. Louis is representing Stiehl.
St. Clair County Circuit Court case number 13-L-408