Madison - St. Clair Record

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Prairie Farms seeks to dismiss milk hauler’s suit

By Heather Isringhausen Gvillo | Nov 21, 2016

Prairie Farms seeks to dismiss a milk hauler’s lawsuit alleging the dairy company interfered with his employment.

Ryan Sommer filed his lawsuit on Aug. 29 against Prairie Farms Dairy Inc. and Gary Lee.

According to the complaint, Sommer claims Prairie Farms was using Diuguid to transport milk to its facilities. Sommer was employed by Diuguid as its manager. Sommer claims a dispute occurred between Prairie Farms and Diuguid regarding the transport of milk, and Lee demanded Diuguid terminate the plaintiff or Prairie Farms would not continue to work with the trucking company.

Prairie Farms and Lee filed a motion to dismiss the complaint on Nov. 10 through attorney Christopher Byron of Byron Carlson Petri & Kalb in Edwardsville.

In its memorandum, the defendant argues that the plaintiff fails to describe any legal theories for the claims, and the claims are not labeled or described.

“Sommer admits he did not lose his employment as a result of Defendants’ actions, and the Complaint’s own allegations display that Defendants took no wrongful actions in relation to the alleged purchase agreement. Indeed, there are no allegations that the Defendants knew of the alleged agreement. Indeed, there are no allegations that the Defendants knew of the alleged agreement,” the memorandum states.

“As such, Counts I and III should be dismissed. Given Counts II and IV are merely counts for punitive damages as result of Counts I and III, they cannot stand along once Counts I and III are dismissed,” it continues.

Sommer seeks compensation of more than $50,000, plus costs of the suit.

He is represented by attorney Christopher Daniels of Daniels Law Firm PC in Salem.

Madison County Circuit Court case number 16-L-1227

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Byron, Carlson, Petri & Kalb, LLC Madison County Circuit Court

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