Bi-State Development Agency seeks to dismiss an East St. Louis man’s suit alleging he was shot at the Emerson Park station, arguing that it is immune from liability.
Marques Phillips filed the complaint on Jan. 8 against Bi-State Development Agency of the Missouri Illinois Metropolitan District.
Phillips alleges he was getting off the defendant’s light rail car at around 10 p.m. at the Emerson Park station in East St. Louis on Jan. 23, 2017. He claims he was attempting to take the only exit ramp at the station when he was prevented from leaving by a number of “ruffians” that would not allow him to pass.
As the “ruffians” took off from the “scrum,” a shot rang out and struck Phillips in the stomach, the suit states.
Phillips alleges that despite a previous shooting incident at the same station in November 2016, the defendant failed to provide security officers at the station to prevent passengers from being shot by “ruffians” known to spend time at the station.
Bi-State Development Agency filed a motion for involuntary dismissal on March 26 through attorney Donald O’Keefe of Pitzer Snodgrass PC in St. Louis.
It argues that the complaint is barred by the Tort Immunity Act because it is a local public entity. The defendant alleges “plaintiff may not bring a cause of action for defendant’s alleged failure to provide police protection.”
Phillips seeks damages of more than $50,000, plus court costs and all other relief deemed just and proper.
He is represented by Steven S. Fluhr of Fluhr & Moore LLC in St. Louis.
St. Clair County Circuit Court case number 18-L-9