Madison County Circuit Judge Dennis Ruth dismissed a man’s suit alleging he was injured by an upturned garden rake at an auction after the parties reached a settlement agreement.
On July 25, Ruth dismissed with prejudice the only remaining defendant, Wayne Mollett, pursuant to the settlement.
Plaintiff Jerry Keel filed his complaint on June 10, 2016, against Geneve L. Wood, individually and as trustee of the Wood Trust and the Geneve Wood Trust, Wayne A. Mollet Auction Service, and Mollett.
According to the complaint, Keel claims he was on Wood’s property on Aug. 4, 2014, for an auction. While walking into the barn, he claims the defendants caused the power to go out. With the power out, he stepped on the metal prongs of a garden rake.
As a result, he alleges he sustained injuries to his right foot and suffered an infection, which required multiple surgeries and amputation of his middle toe.
He claims the defendants negligently placed a garden rake on the ground with the prongs facing upwards, failed to provide adequate lighting and failed to warn invitees of the placement of the rake.
Wood and the Geneve Wood Trust previously filed a motion for finding good faith settlement on March 7 through attorney Christopher Bortz of Neville Richards & Wuller in Belleville.
Keel was represented by Mike Glisson of Williamson, Webster, Falb & Glisson in Alton. He sought a judgment of more than $50,000.
Mollett was represented by Michael J. Diaz of Diaz Law Offices in Greenville at the time the settlement was reached.
Madison County Circuit Court case number 16-L-802