Madison - St. Clair Record

Saturday, September 21, 2019

East Alton man alleges insurance company is harassing him

By Heather Isringhausen Gvillo | Mar 29, 2016

An East Alton man claiming he was injured when he fell down a staircase is asking the court to dismiss his complaint, alleging he is being harassed by the Wood River property owner’s insurance company.

Plaintiff Larry Kemp Sr. filed a voluntary motion to dismiss the complaint on Jan. 22. He filed the motion pro se. He asked the court to dismiss the case, stating that he “can’t take the stress that this case has caused him.”

He states in his motion that he believes the insurance company “is having people follow him and take photos of him.

“All he wants is this case to be dismiss - And everyone to leave him alone, stop calling him, stop following him and to stay off and away from his property (sic),” the motion states.

Madison County Circuit Judge Barbara Crowder granted his motion to dismiss without prejudice on Feb. 24.

Kemp filed the complaint on Nov. 24 against Henry Gogloza of Wood River.

According to the complaint, Kemp was visiting a tenant who resides at a property owned by the defendant, located at 212 12th St., when he allegedly slipped and fell on an outdoor staircase.

Gogloza answered the complaint on Dec. 22 through attorney Rebecca Schubert of the Law Offices of Bingley, Hart & Hesi in Oklahoma City. He denies the allegations against him and argues in his affirmative defenses that the plaintiff’s alleged injuries were caused by his own negligent and fault.

He argues that Kemp failed to keep a careful lookout and failed to observe an open and obvious condition.

Kemp answered the affirmative defenses on Jan. 12 through attorney Will Miller of Alton. He denies that he was contributorily negligent or was guilty of any comparative fault.

Kemp then filed his motion to dismiss the complaint on Jan. 22.

On Jan. 29, Miller filed a motion to withdraw as counsel, stating that a conflict has arisen between Kemp and counsel and that Kemp has specifically asked him to withdraw.

Crowder granted Miller’s motion to withdraw on Feb. 4 before granting Kempt’s motion to dismiss.

Madison County Circuit Court case number 15-L-1528

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