EAST ST. LOUIS – Injury plaintiff John Berrien of Florida must produce records of money he made working for his mother after alleging a collision left him unable to pursue his normal gainful occupation, U. S. District Judge Stephen McGlynn ruled on Feb. 18.
He granted discovery to freight hauler Schenker Inc. and driver Jerry Adams, who plan to compare Berrien’s effort and income to his disability complaint.
Berrien opened the door by stating in a deposition that he began driving a van for Shinin Starz, a corporation belonging to his mother Alma McCloud.
Schenker and Adams searched Florida records and found that McCloud identified Berrien as a director.
They forwarded a subpoena to Shinin Starz in November, commanding production of all its payments to Berrien since Jan. 2, 2017.
Defense counsel Michael Bedesky of Edwardsville moved to compel production on Feb. 9, stating Schenker and Adams received only 1099 forms.
He claimed Berrien’s expert witness Craig Lichtblau found Berrien couldn’t work four hours a day on an uninterrupted basis.
Bedesky wrote, “Lichtblau also indicates that plaintiff is limited in terms of his physical capabilities due to residual pain.”
David Prather of Florida responded for Berrien on Feb. 17, identifying Shinin Starz as a home health care agency.
He claimed Berrien’s designation as a director was for the purpose of listing family members in the event that something happened to their mother.
Prather claimed Berrien never controlled or possessed the documents sought by virtue of the subpoena.
He wrote, “More importantly, at no time has plaintiff run or operated the Shinin Starz entity or served it in any capacity other than as a ‘driver’ on occasion to assist in the transportation of the business’s residents to their appointments.”
Prather added that Schenker and Adams were free to depose McCloud if they believed she possessed additional responsive documents.
McGlynn granted the motion a day later and wrote, “Plaintiff shall produce all requested documents in the subpoena sent to Shinin Starz, Inc. instanter.”
Berrien’s other lawyer, Gregory Shevlin of Bruce Cook’s firm in Belleville, filed the suit in the Madison County Circuit Court on Dec. 12, 2018.
He claimed that on Dec. 27, 2016, at Schenker Logistics in Edwardsville, Adams attempted a left turn and struck Berrien’s parked freightliner.
Shevlin claimed the collision caused severe and permanently disabling and disfiguring injuries to Berrien’s neck, back, leg, foot, and body as a whole.
He claimed Berrien would lose large sums of money due to his inability to pursue his normal gainful occupation.
Shevlin amended the complaint nine days later to add Swift Transportation, two Schenker entities, Procter and Gamble, and a holding company as defendants.
Swift Transportation moved to dismiss, claiming Adams wasn’t its employee, agent or servant, and Circuit Judge Dennis Ruth granted the motion.
Schenker moved to substitute Ruth, who granted it in February 2019.
Any party in Illinois can substitute a judge once without cause if the judge hasn’t made a substantial ruling.
In May 2019, former Circuit Judge David Dugan dismissed the second and third Schenker defendants, the holding company, and Procter and Gamble.
Bedesky then removed the suit to district court due to diversity of citizenship.
He couldn’t do that earlier because the second and third Schenker entities were Florida citizens like Berrien.
Chief District Judge Nancy Rosenstengel presided at first, and the assignment passed to McGlynn when he joined the court last fall.
He set trial to start July 12.