Madison - St. Clair Record

Thursday, December 5, 2019

Contractors seek to dismiss developer’s suit alleging they performed subpar work in Troy

By Heather Isringhausen Gvillo | Nov 13, 2015

Operators of a contracting company sued for insufficient work have filed several motions to dismiss the complaint, arguing that the plaintiff fails to explain why the defendants are liable in the allegations.

Gary Hunsche filed his lawsuit on April 13 against Michael Wilson Sr., Michael Wilson Jr., Tara Lynn Wilson, Mike’s Custom Walls Inc., Mike’s Custom Walls and Landscaping Inc. and Superior Retaining Walls and Fencing Inc. He alleges fraud, breach of contract, unjust enrichment and violation of the Consumer Fraud Act.

According to the complaint, Hunshce claims he was in charge of developing 40 acres in Troy for a home, barns and a lake. He contracted with Mike’s Custom Walls, which he says later changed its name to Superior Retaining Walls and Fencing, to excavate, plant trees, install culverts and fences, remove trees, build a lake and dam, rip-rap creeks and build driveways.

Hunsche claims he paid Superior $694,505, plus an additional $30,000 directly to Michael Wilson Sr. However, he alleges much of the work was left incomplete or had to be removed and rebuilt by another contractor because it wasn’t performed to specifications, the suit states.

Michael Wilson Jr. and Michael Wilson Sr. filed a motion to dismiss on June 18 through attorney Lawrence Taliana of Taliana Buckley & Asa in Edwardsville. They argue that the plaintiff, in all counts, “names every defendant without elaborating why certain defendants would be liable or how, for instance, a prior corporation which defendants used to have could be liable for a contract entered into by the individuals.”

They also claim the plaintiff’s allegations fail to provide specific details to properly allege fraud, breach of contract, unjust enrichment and violations of the Consumer Fraud Act.

Tara Wilson also filed a motion to dismiss on June 25 through Taliana. She argues that Hunsche names her in the suit but fails to plead any allegations explaining why she would have any liability for the actions of Michael Wilson Jr. and Michael Wilson Sr.

She also argues that the plaintiff makes allegations against “Defendants Wilson,” but he doesn’t explain specifically who the allegations are directed towards.

Superior filed a motion to dismiss the complaint on June 25 through Taliana, arguing that Superior Retaining Walls and Fencing Inc. does not legally exist.

Hunsche filed a motion to compel on Sept. 21 through attorney Andrew Toennies of Lashly & Baer in St. Louis, arguing that the defendants were supposed to respond to discovery by July 10, but those answers still have not been provided. He argues that he is unable to answer the defendants' motions to dismiss without the discovery responses.

On Sept. 30, Circuit Judge Andreas Matoesian noted that the defendants have not responded to discovery. He ordered them to file their responses and scheduled a case management conference for Nov. 18 at 9 a.m.

Then on Oct. 16, Matoesian ordered that all pending motions will be reset for hearing after 30 days.

Hunsche seeks a judgment of $500,000, plus costs.

Madison County Circuit Court case number 15-L-459

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