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Friday, October 18, 2019

Rudolf transfers suit to Marion County where alleged injury occurred, in wake of Fifth District ruling

State Court

By Record News | Sep 8, 2019

BELLEVILLE – Four days after appellate judges told St, Clair County Chief Judge Andrew Gleeson to send a suit to the county where the injury happened, Circuit Judge Heinz Rudolf sent a suit to the county where the injury happened. 

Rudolf transferred a complaint against Borowiak’s IGA store to Marion County after a hearing on Aug. 26. 

His decision followed an Aug. 22 decision of the Fifth District, transferring a suit against Schnuck Markets to Monroe County. 

In the action against Borowiak’s IGA, Sabrena Smith claimed negligence at the grocer’s store in Centralia caused her to slip and fall.  

Michael Glisson of Alton filed the complaint in St. Clair County in March, naming Trevor Borowiak and three family businesses as defendants. 

Defense counsel Jerry Wilding of St. Louis moved for transfer in July, alleging improper venue. 

The motion succeeded without specifying the county of Smith’s residence. 

In the case the Fifth District decided, Monroe County resident Angela Shaw sued Schnucks in Monroe County over an accident in Waterloo. 

Gleeson denied transfer last November, but Schnucks prevailed on appeal. 

The Fifth District found St. Clair County residents should not be burdened with jury duty when the action didn’t arise there and had no relation to the county. 

Other transfer motions await decisions in Rudolf’s court. 

On the day he heard the motion of Borowiak’s IGA, he heard one in a case of brother against brother. 

Joseph Netemeyer of St. Clair County sued Maurice Netemeyer of Clinton County in June, over a purchase agreement they executed in 2000. 

Grey Chatham Jr. of Belleville filed the complaint, claiming Joseph executed a purchase agreement with Maurice in reliance on certain statements. 

He wrote that as a result of this reliance, Joseph sold stock for less than value, lost the proceeds of a life insurance policy, and suffered stress, anxiety and vexation. 

Maurice moved for transfer on Aug. 16. 

Defense counsel Theresa Phelps of Clayton, Mo., wrote that any alleged representations made by Maurice were made in Clinton County. 

She separately moved to dismiss the complaint. 

Rudolf held a hearing, gave Joseph 30 says to amend his complaint, and added that Maurice didn’t waive his transfer motion. 

In July, Rudolf held a hearing for St. Joseph’s Hospital of Breese on a motion to transfer a malpractice suit to Clinton County. 

He hadn’t ruled on it as of Sept. 3.

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