Madison - St. Clair Record

Monday, October 21, 2019

Madison County civil docket Aug. 2-4

By Heather Isringhausen Gvillo | Jul 24, 2017

Wednesday, August 2

10:00 A.M.


08-L-1027, DUGAN


Highland supply alleges Kurt Weiss agreed to pay $221,201.83 in exchange for merchandise. However, the defendant allegedly refused to make payments.

Kurt Weiss Greenhouses denies liability, arguing that the freight charges have been waived or extinguished under the terms of the contract.

On Dec. 19, 2014, the case was set for mediation on Jan. 12, 2015. Trial was also scheduled for April 6, 2015.

However, former Circuit Judge John Barberis was assigned to the case on Jan. 7, 2015. Nothing else was entered on the docket until 2017 after the case was reassigned.

After a year and a half of no action, the case was dismissed without prejudice due to lack of prosecution on July 7.

It was reinstated on July 13 and Dugan’s July 7 order dismissing the case was vacated.

Highland Supply is represented by Christopher Threlkeld of Lucco, Brown, Threlkeld & Dawson LLP in Edwardsville.

Kurt Weiss Greenhouses is represented by Shane Moskop and Ransom Wuller of Freeark, Harvey & Mendillo PC in Belleville.


Thursday, August 3

9:00 A.M.


16-L-662, DUGAN


Sanders alleges she was driving a 2002 Toyota Camry eastbound on Route 111 when she attempted to make a left hand turn onto Wesley Drive in Wood River on Oct. 15, 2014. She claims she had a green arrow allowing her to make the turn. At the same, Morietta was driving a 2006 Ford Mustang westbound on Route 111 when she allegedly ran a red light and struck the plaintiff’s vehicle.

Morietta denies liability and argues that the plaintiff’s own negligence was the sole proximate cause of any alleged injuries.

The case was transferred to the arbitration docket on July 7.

Sanders is represented by Michael Glisson and Gregory Motil of Williamson, Webster, Falb & Glisson in Alton.

Morietta is represented by Michael Murphy of Freeark, Harvey & Mendillo PC in Belleville.


Friday, August 4

9:00 A.M.


14-L-1699, DUGAN


Howerton alleges she was a passenger in a vehicle being driven by Hoffner on March 31, 2013. Hoffner was driving eastbound on Illinois Route 40 in Fort Russell Township when he allegedly swerved off the road and struck a guardrail.

Hoffner denies liability and argues that the crash was unavoidable and caused by a deer, calling it an “Act of God.”

The case was transferred to the arbitration docket on July 25, 2016.

The arbitrators found in favor of Hoffner on March 30. Howerton rejected the decision on April 24.

Howerton filed a motion to amend damages and reinstate the case to the law division. The motion hearing is set for Aug. 4.

Howerton is represented by Randall Steele of Steele Law Offices LLC in Glen Carbon.

Hoffner is represented by David Laurent of Glen Carbon.

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Madison County Circuit Court