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MADISON - ST. CLAIR RECORD

Thursday, March 28, 2024

MC jury awards plaintiffs roughly $43K in collision case; First jury verdict of 2016

A Madison County jury awarded the first plaintiff verdict of 2016 in Circuit Judge William Mudge’s courtroom.

The three-day trial came to an end today when jurors awarded plaintiffs Barbara Weis, individually and as mother and next friend of Patton Weis, and Curtis Weis a total of $43,357.02.

The plaintiffs were represented in the case by attorney Brian Wendler of Wendler Law in Edwardsville.

Defendant Tenor Barker was represented in the case by attorney David Simkins of Wuestling & James in St. Louis.

The plaintiffs originally filed their complaint on Aug. 8, 2013, against Byron Barker, as father and next friend of Tenor Barker. However they later substituted Tenor Barker as defendant in the action on March 28, 2014.

The plaintiffs allege that on June 28, 2013, Barbara Weis was operating her vehicle northbound on Arkansas Road at the intersection of Bellm Road in Highland. At the same time, Tenor Barker was operating his vehicle westbound on Bellm Road at the intersection of Arkansas Road. The plaintiff alleges the defendant ran the stop sign and collided with her vehicle.

The plaintiffs allege Tenor Barker failed to stop at the stop sign, failed to yield the right of way, failed to keep a proper lookout, drove his vehicle at a speed that was inappropriate for the traffic conditions and highway, failed to sound his horn in warning and failed to reduce speed to avoid a collision.

Barker denied the allegations in his Aug. 29, 2013, answer to the complaint. He argued that the plaintiffs’ own conduct contributed to any alleged injuries.

Curtis Weis, the spouse of Barbara Weis, seeks compensation for loss of consortium. Details of Patton Weis were not provided.

Each of the plaintiffs seek more than $50,000, plus court costs.

Madison County Circuit Court case number 13-L-1327

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