Madison - St. Clair Record

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Gleeson denies plumber’s motion to dismiss for want of prosecution

By Heather Isringhausen Gvillo | May 9, 2016

General court 09

St. Clair County Circuit Judge Andrew Gleeson denied a plumber’s motion to dismiss for want of prosecution in a lawsuit alleging he started a fire while attempting to solder a wall cavity in the bathroom of a woman’s home.

He scheduled a status conference for June 27 at 9 a.m.

Defendants Assured Plumbing, Edward Metzger and Country Companies filed a motion to dismiss for want of prosecution on Dec. 9.

They argue that their previous motion to dismiss was granted on Sept. 1, and plaintiff Patricia Osborne-Finucane was given 30 days to file an amended complaint. They allege she failed to file a timely amended complaint and failed to timely respond to the defendants’ discovery requests. Therefore, they seek dismissal.

However, on March 30, Gleeson denied their request, stating that the plaintiff had filed a timely amended complaint by Sept. 29.

Then on April 11, the defendants filed a motion to compel Osborne-Finucane to respond to their interrogatories and request to produce.

According to the March 16, 2015, complaint, Osborne-Finucane claims she hired Metzger, doing business as Assured Plumbing, to perform plumbing repairs at her home, located at 2202 W A Street in Belleville.

Metzger was allegedly in the process of soldering a wall cavity inside the first floor bathroom when a fire ignited, the suit states.

The plaintiff claims she provided the court documentation regarding the amount outstanding for repairs, expenses incurred due to the fire and personal property destruction. She argues the defendants owe her $198,210 and court costs.

The defendants filed a motion to dismiss the complaint, claiming the suit fails to state that the duties owed by the defendants or the breach of those duties by the defendants caused the plaintiff’s alleged damages.

They also claim the complaint fails to allege any facts against Country Companies that would state a cause of action under Illinois law.

The plaintiff is acting pro se.

The defendants are represented by Michael Murphy of Freeark Harvey & Mendillo in Belleville.

St. Clair County Circuit Court case number 15-L-160

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