Chestnut Health Systems seeks to dismiss a lawsuit filed by a tenant claiming he was assaulted inside his Granite City apartment.
Mark Ivy filed suit in May 2020 in Madison County Circuit Court against Kendra Fabish, Kevin Haynes, and Chestnut Health Systems, which manages low-rental housing units in Granite City intended for those with substance abuse and mental health issues.
The suit includes the man who assaulted him, Haynes, and a supervisor. Haynes pleaded guilty to the Aug. 27, 2018, assault and received six months supervision, according to court records.
In its Feb. 3 motion to dismiss Ivy's amended complaint with prejudice, Chestnut argues that Ivy has failed to properly serve the complaint.
"...The statute of limitations expired over five months ago and Plaintiff has yet to effectuate proper service," wrote attorney Katherine P. Decker of Gordon Rees in Chicago, on behalf of Chestnut. "As a result, dismissal with prejudice of Plaintiff's claims against Defendants is proper."
Circuit Judge Sarah Smith presides. The case was continued from April 1 to a setting at 9 a.m. on April 22 with no further continuances, according to a March 23 order signed by Smith.
Ivy, represented by Phillip Baldwin of Scroggins Law Office in Granite City, alleges the housing provider typically prohibits anyone with a history of violence from renting a unit in the complex. He claims that the defendant had policies in place to screen potential tenants for placement in the units. However, Ivy claims the defendant negligently allowed Haynes to live an apartment with a violent record.
The suit states that the housing complex had "round the clock" security doors that were locked and unlocked by staff members.
In the case of Haynes, Ivy claims the Chestnut Health Systems staff failed to properly screen him and his alleged criminal background. On the night of the incident at issue, Ivy alleges Haynes knocked on his door, forced his way in, and assaulted him, including striking him multiple times on his face, head and body.
As a result, Ivy claims he suffered serious and permanent injuries, including contusions and sprains of the ligaments and cervical spine. He also states he suffered emotional distress.
Ivy is seeking more than $50,000 in damages.
Madison County Circuit Court case number 2020-L-0743