An Edwardsville homeowner seeks to dismiss a tree trimmer’s lawsuit, arguing he signed a liability waiver and only filed the complaint in an “attempt to find insurance coverage.”
Joann Moore filed a motion to dismiss on Aug. 2. She is representing herself pro se. Moore argues that plaintiff Nathan Chester has no legal capacity to sue her and Ernest Moore due to a written liability waiver. They allege the waiver makes defendant Johnson Landscaping responsible for liability.
Joann Moore also argues that a conflict of interest exists between Chester and “co-defendant.” She also argues that she and Ernest Moore were only included as defendants in the lawsuit “because of perceived insurance.”
“Plaintiff misjoined parties as co-defendants merely to satisfy IL negligence laws,” the motion states. “Co-defendants are not under same obligations nor share any mutual relationship. Moore defendant did not invite, meet, or hire plaintiff; nor failed to assure quality of duties as homeowner.
“Plaintiff’s prior counsel stated in writing, sole purpose was ‘attempt to find insurance coverage.’ Plaintiff’s current counsel informed of waiver, previous attny (sic) denying negligence by us, but stated in email to ‘just give insurance info or would be facing negligence charges instead,’” it continues.
Moore adds that the plaintiff’s counsel allegedly did not know about the liability waiver nor that defendant Bobby L. Johnson hired Chester.
“Negligence was 100% fault (sic) of plaintiff since disobeyed laws/common sense of assuring own safety per known OSHA standards,” the motion states. “Plaintiff also in possession of illegal drugs devices and found by defendants upon/after alleged incident. Witnesses can attest to plaintiff’s negligence and tree being in excellent shape without a dangerous condition as described.”
Madison County Circuit Judge Sarah Smith scheduled a motion hearing for Sept. 9 at 9 a.m.
Chester filed the complaint June 23 in the Madison County Circuit Court. He alleges Johnson, who does business as Johnson’s Landscaping Solutions, was hired by the Moores to do tree trimming on their property on Monaco Court in Edwardsville on Sept. 6, 2019. Johnson allegedly asked Chester to assist as an independent contractor. While trimming a tree, Chester claims a branch snapped and caused him to suddenly fall to the ground in a “violent and uncontrolled manner” and suffer injuries.
Chester sued the Moores for failing to properly remove the alleged dangerous trees and their branches from the property and to warn of the danger and risk. He also claims they failed to properly inspect the trees to ensure they were safe, failed to maintain the premises in a good and safe condition, failed to warn him of the danger, failed to barricade the danger and failed to remove the dangerous condition.
Chester claims Johnson negligently failed to provide him with proper training and safety equipment, failed to provide any warnings of the dangers, failed to properly inspect the trees to ensure they were safe and that he had “actual and constructive knowledge” of the dangerous condition of the trees due to a prior inspection.
Chester seeks compensation of more than $50,000, plus court costs. He is represented by Gregory Klote and Samantha Orlowski of Halvorsen Klote in St. Louis.
Madison County Circuit Court case number 21-L-730