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Wednesday, August 21, 2019

Kolker grants dismissal in suit involving 2017 shooting at Emerson Park MetroLink station

Lawsuits

By Heather Isringhausen Gvillo | Aug 22, 2018


St. Clair County Associate Judge Chris Kolker granted dismissal in an East St. Louis man’s lawsuit alleging the Emerson Park MetroLink station lacked proper security when he was shot by “ruffians.”

On July 31, Kolker granted defendant Bi-State Development Agency of the Missouri-Illinois Metropolitan District’s motion to dismiss plaintiff Marques Phillips’ first amended complaint with prejudice.

Bi-State Development Agency filed a motion for involuntary dismissal on July 23 through attorney Donald L. O’Keefe of Pitzer Snodgrass PC in St. Louis.


O'Keefe

The defendant argues that the plaintiff’s complaint should be barred by the Tort Immunity Act, “in that plaintiff may not bring a cause of action for defendant’s alleged failure to provide police protection.”

Bi-State Development Agency argues that it is a public entity protected from liability for failure to establish a police department, in accordance with the Tort Immunity Act.

Plaintiff Marques Phillips filed the complaint on Jan. 8, alleging he was shot after getting off the defendant’s light rail car at the Emerson Park Station in East St. Louis at around 10 p.m. 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.

As a result, Phillips claims he suffered gunshot wounds to his stomach, causing him to have permanent scarring and post-traumatic stress disorder.

Philips is represented by Steven S. Fluhr of Fluhr & Moore LLC in St. Louis

St. Clair County Circuit Court case number 18-L-9

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Organizations in this Story

Fluhr & Moore LLC Pitzer and Snodgrass, P.C.

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