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Saturday, July 20, 2019

McGlynn vacates order granting taxable costs in suit alleging copper sulfate dumped into lake


By Heather Isringhausen Gvillo | May 8, 2019

St. Clair County Circuit Judge Stephen McGlynn granted a woman’s motion to vacate a judgment he awarded to First National Bank of Waterloo for taxable court costs in a suit alleging the bank dispensed copper sulfate into lake waters.

The vacated March 12 order required plaintiff Julie Eggers to pay defendant Waterloo Bankshares Inc., doing business as First National Bank of Waterloo, $385 in taxable court costs.

On April 29, McGlynn granted the plaintiff’s motion to vacate judgment and set a case management conference for May 28 at 9 a.m.

Eggers filed a motion to vacate judgment on April 8 through attorney Dennis Field of Strellis & Field in Waterloo.

She claimed she reimbursed the defendant’s taxable costs on March 6. She then requested McGlynn vacate the portion of his March 12 order granting the defendant taxable costs based upon an order in a previous case between the parties in Monroe County (16-L-10).

First National Bank of Waterloo filed its motion for recovery of taxable costs on Feb. 28, arguing that Eggers filed a complaint for negligence and willful and wanton misconduct in Monroe County Circuit Court on March 30, 2016. The parties conducted discovery over a two-year period, including Eggers’ deposition testimony and discovery of medical records.

Then on Jan. 19, 2018, Eggers voluntarily dismissed her complaint without prejudice. Her case was dismissed, but she was ordered to pay the defendant’s properly taxable costs within 10 days.

First National Bank of Waterloo alleged she failed to provide a reimbursement.

“Plaintiff’s noncompliance with the Monroe County Court Order was and continues to be unreasonable,” the motion stated.

Then on Jan. 17, Eggers refiled her complaint against the defendants in St. Clair County Circuit Court.

Eggers alleges she entered the lake near her property to recover rocks submerged in water on May 9, 10 and 15, 2015 when she was exposed to copper sulfate and other toxins.

Eggers claims First National bank of Waterloo dispensed the copper sulfate into the lake waters, failed to give adequate warning that it dispersed copper sulfate in the lake and the dangers involved in exposure to the substances.

Eggers alleges she suffered severe and permanent injuries, permanent disability, pain and suffering and loss of enjoyment of life.

The defendant answered the complaint on March 19 through attorney Corey Kraushaar of Brown & James PC in St. Louis.

First National Bank of Waterloo argues that the plaintiff’s alleged damages were caused by her own contributory negligence.

The defendant also argues that the plaintiff’s injuries were caused by an open and obvious condition to which it had no legal duty to warn.

It further argues that the plaintiff’s claims are barred by the doctrine of assumption of risk.

St. Clair County Circuit Court case number 19-L-61

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Organizations in this Story

Brown & James Strellis & Field

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