Madison - St. Clair Record

Wednesday, November 20, 2019

Hearing over discovery ahead of potential legal action imminent

State Court

By John Breslin | Oct 31, 2019


EDWARDSVILLE - A tussle over pre-suit discovery with its roots in an alleged injury to a worker operating an egg roll mixing machine continues with a hearing penciled in for this week.

The hearing over discovery follows a petition by Gloria Lopez asking for detailed information on the manufacturer and maintenance of the machine at the Granite City facility owned by Baily International, a producer of Asian-based foods.

Baily International, in response to the petition, argued that the discovery requests were overly broad, that it had fully answered the petitioner, and asked the Madison County Circuit Court to deliver a judgment in its favor. A hearing is set for Oct. 31.

"Petitioner's claims fail as the discovery requested is overly broad, unduly burdensome, and does not limit discovery to the identification of responsible persons and entities," the company's attorneys argue in its response to the petition.

Lopez, who filed a workers' compensation claim with the company following an alleged injury, has asked for pre-suit discovery in anticipation of filing a further legal action against others involved in the making and maintenance of the machine.

The food company is asked to reveal the identity of the manufacturer, distributor, and maintenance personnel.

"It is believed one or more safety features were removed or disabled by individuals yet unknown, prior to the date of the plaintiff's injury, yet the machine continued to operate," according to the discovery petition.

"That conduct, when proven, could expose multiple third parties to liability for plaintiff's injuries." Lopez also wants access to "any and all information, including documents, photographs, videos, maintenance records, service orders, and the owner's manuals for the egg roll mixer."

The court is also asked to order the handing over of a description of all work carried out on the machine over the last five years, while the attorney seeks access for an inspection and to photograph the equipment.

Petitioner Lopez is represented by Lanny Darr of Darr Law in Alton

Baily International. also known as AA Superb Food Corp. and Moon Guy Hong, is represented by Gregory T. Cook of McAnany, Van Cleave & Phillips in St. Louis.

Madison County Circuit Court case number 19-L-765

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