Madison - St. Clair Record

Saturday, August 17, 2019

Baxmeyer Construction and employee found not negligent in one-day trial in Madison County

By Ann Maher | Jan 9, 2017

A one-day personal injury trial ended with a defense verdict Jan. 4 for Baxmeyer Construction and its employee, who were found not negligent for injuries allegedly sustained by a pedestrian seven years ago in Maryville.

Plaintiff Harold C. Benne originally filed suit in 2011 against Baxmeyer and its employee Norman L. Price claiming he was struck by Price's vehicle while walking on Remington Lane in Maryville on Nov. 3, 2009. His attorney Gregory Tobin of East Alton voluntarily dismissed that complaint in April 2015 and re-filed it in June 2015.

Benne alleged that Price failed to keep a proper lookout, decrease his speed and stop in time to avoid a collision and properly apply his brakes.

He claimed temporary and permanent injuries, medical expenses, hindrance from attending to his usual duties and affairs, diminished everyday functioning, lost wages, loss of enjoyment of life and medical expenses. He sought in excess of $50,000, attorney’s fees and costs.

Before last week's trial in Madison County Circuit Judge Barbara Crowder's court, parties had stipulated to a six-person jury.

Baxmeyer and Price, represented by David Simkins of Wuestling and James in St. Louis, had denied negligence for Benne's alleged injuries.

In the weeks leading up to trial, Tobin sought to exclude from evidence three traffic citations that Benne received in connection to the incident, including driving on a sidewalk, failing to stop at a traffic control signal in a construction area and failing to obtain a driver's license within 90 days.

Tobin also sought to exclude any mention or reference to the audiotape of the 911 call on the date of the accident.

Circuit Judge William Mudge had presided over the 2011 and 2015 litigation, but did not preside at trial due to another case on his docket being tried.

Madison County Circuit Court case number 15-L-773

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Baxmeyer Construction Inc Madison County Circuit Court

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