The parents of a Granite City woman ask the court to sanction a man and his attorney for filing a lawsuit accusing them of failing to protect the man’s brother, who they claim abused their daughter, broke into a home they didn’t own, and was shot and killed when they weren’t there.
Defendants Marvin and Cynthia Mills filed a motion for sanctions through attorney Thomas Maag of the Maag Law Firm in Wood River. They seek sanctions against plaintiff Ronald Wilderness and attorney Derek Rudman of St. Louis “for filing, serving and prosecuting an utterly frivolous case.”
“Only a fool, unschooled in the law, a shakedown artist, trying to extort money from the actually innocent, or both, would file this case,” Maag wrote. “No reputable lawyer would lend their name to this abortion. The mere filing of this lawsuit gives the legal profession a bad name, and counsel should be embarrassed to have filed the case with his name on it.”
Maag adds that the case “flunks” the Supreme Court Rule 137(a) test, which states that when an attorney signs a name to a filing, he or she has examined the filing and believes it is grounded in fact and is warranted by existing law or a good-faith argument. The rule also holds that the action may not be “interposed for any improper purpose such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.”
“No knowledgeable attorney would file this case,” Maag wrote. “It is not even arguable. This case should not only be dismissed, with prejudice, but that plaintiff and his attorneys should be sanctioned, jointly and severally, and ordered to pay defendant’s cost of defense, including attorney’s fees.”
The Mills claim they sold a house to their non-party daughter for $75,000 in October 2016. Then in January 2020, “someone, possibly Kristine Mills, daughter of defendants,” allegedly shot and killed Jason Thomas at the home, who they claim had previously been charged with domestic abuse of their daughter. Kristine Mills was never convicted of shooting Thomas, and the lawsuit alleges her “associate” was the shooter.
“Defendants were not alleged to have been present at the time of the shooting, were not alleged to have provided the gun, ammunition or encouraged said shooting,” Maag wrote. “Literally, defendants are accused of nothing more than selling a house to a third party relative, who [three] years later, was accused of shooting someone.”
The defendants argue that the complaint “tries, in vain, to sound in negligent entrustment … of the house.”
“An action for negligent entrustment consists of entrusting a dangerous article to another whom the lender knows, or should know, is likely to use it in a dangerous manner,” Maag wrote. “A house, all things being equal, is not a dangerous article.”
“Selling a house, three years earlier, to anyone, even a modern day John Dillinger who might be expected to get into a machinegun (sic) fight with the FBI three years later, is not a negligent act,” he continued.
The defendants add that the house did not contain any alleged defects.
“The stairs did not collapse. No-one fell in a hole. The water heater did not explode. It was just a plain, ordinary house,” Maag wrote.
The Mills argue that by selling it to their daughter, they did not have the ability to control the property.
“Furthermore, there was no reason to believe that, [three] years hence, Kristine Mills would, allegedly shoot and kill an abusive on and off again boyfriend trying to break into the house, or that Kristine Mills, might lie to police about something, the only thing public records show she was convicted or, as relates to this incident,” Maag wrote.
The defendants also filed a motion to dismiss the complaint on Jan. 29, arguing that a house is not a dangerous article, “and nothing is pleaded that defendants knew or should know that the decedent was going to try to break in said house, and get shot by someone, not the defendants, for his trouble.”
They also argue that they sold the house to their daughter and no longer owned the house at the time of the incident. Attorney “Tice” allegedly handled the transaction, according to the motion.
“[W]hat really puts the proverbial stake in the heart, is that defendants did not own the house at the time, and had no ability to control same,” Maag wrote. “But even if they did, the decedent was trying to break in, and likely got what he deserved in the process. People that break into houses undertake and voluntarily assume the risk of being shot while doing so. If you don’t want to be shot, don’t try to break into a house. Its (sic) not complicated.”
Wilderness, who is the decedent’s brother, filed the complaint on Dec. 31, alleging Marvin and Cynthia Mills owned a house located at 2251 Benton Street in Granite City. He claims they allowed their daughter, Kristine MIlls, to live in and occupy the property. He also claims Thomas was Kristine Mills’ boyfriend and also resided at the property with the defendants’ knowledge.
“Defendants were aware of the violent tendencies of Kristine N. Mills and were aware that she associated with dangerous and violent persons and otherwise knew or should have known that Jason Thomas residing in the property with Kristine N. Mills allowed for a dangerous condition to exist for Jason Thomas,” the suit alleges
On Jan. 9, 2020, Thomas was shot inside the property and allegedly died as a result of his injuries.
“Through investigation, it was determined that Kristine N. Mills and an ‘unknown black male’ was present at the property when plaintiff was shot and killed by Kristine N. Mills’ associate.”
Wilderness alleges the defendants failed to realize their daughter had dangerous and violent tendencies, failed to warn Thomas, failed to protect Thomas, and failed to use reasonable care in allowing Kristine Mills to occupy the property.
Wilderness seeks a judgment in his favor in excess of $50,000, plus court costs.
Madison County Circuit Court case number 20-L-1843