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MADISON - ST. CLAIR RECORD

Saturday, April 20, 2024

Neighbor sues over claim property seriously damaged in fire sparked by burning leaves

State Court

BELLEVILLE - Severe damage was caused after flames from burning leaves jumped from one property to a neighboring lot, according to a lawsuit.

George E. Hayes filed suit against his neighbors, Faye and Chris Underwood, in connection with the fire in March this year. A firefighter was injured as he was tackling the March 19 blaze, according to news reports.

The plaintiff, who filed suit in St. Clair County Court Dec. 9, is asking for more than $200,000 in damages following the fire, which he claimed was caused by the defendants failing to control the leaf burning. The Record was unable to reach the defendants prior to publication.

It is claimed that the defendants were burning leaves in the yard of their home on Freedom Drive in Belleville, which adjoins the plaintiff's Liberty Drive property. 

"During the course of the leaf burning, the fire spread from defendants' premises onto Plaintiff's premises, causing severe damage to plaintiff's property, including the rental residence existing on plaintiffs premises," the suit alleges.

It continues by stating that the defendants had a duty of care to not "endanger neighboring persons or properties."

The defendants are accused of failing to properly enclose the fire, keep a close eye on it, and to ensure it did not spread.

Damage to the property totaled more than $230,000, while the plaintiff claims he has also rental income from the property.

Hayes is represented by Mark M. Silvermintz of the Law Office of Mark M. Silvermintz of Collinsville.

St. Clair County Circuit Court case number 2019-L-872.

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