Suit alleges customer failed to pay, then purposely tried hitting plaintiff's vehicle

By Carrie Bradon | Apr 10, 2019

BELLEVILLE — A St. Clair County company owner is suing two Marissa customers, alleging the defendantgs failed to pay him and then threatened him after nearly striking his car deliberately.

Smoke Services Restoration Inc., Michael Marler, and an unamed minor filed a complaint March 29 in St. Clair County Circuit Court against Jerome Kern and Patricia Kern, alleging breach of contract, assault, trespass and infliction of emotional distress

The suit states Marler and the Kerns entered into a contract for restoration services Oct. 5, 2016, but the defendants were negligent in the terms of the agreement and is indebted to the plaintiff for $41,300.36, plus interest. 

Then on Sept. 18, 2017, Marler alleges he was driving his truck near 517 S. Main St. in Marissa when a motorist driving behind him nearly collided with the plaintiff's vehicle. The plaintiff claims it seemed s though the other driver was trying to strike his vehicle. 

When the plaintiff stopped, he alleges Jerome Kern stopped as well and approached the plaintiff's car. The defendant allegedly began yelling threats and punching the driver's side window. The defendant allegedly opened Marler's car door and emotionally assaulted the plaintiff. Marler claims he and his minor child feared they would be assaulted physically.

Marler seeks compensatory and punitive damages. He is represented by attorney Michael L. McGlynn of McGlynn & McGlynn in Belleville.

St. Clair County Circuit Court case number 19-L-240

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