A tree trimmer is pursuing sanctions against an Edwardsville homeowner, alleging she filed a fraudulent liability waiver after she sought dismissal arguing that he was pursuing the complaint in an “attempt to find insurance coverage.”
Plaintiff Nathan Chester filed a motion for sanctions on Aug. 20 through attorney Gregory Klote of Halvorsen Klote in St. Louis. He alleges defendant Joann Moore filed a document with the court labeled “Liability Waiver” on Aug. 2. The document states that it is not the original, but is backdrafted, signed and witnessed as an original.
Klote wrote that the document “purports to be fraud, misrepresentation, and an attempt to circumvent the rules of the court …”
The plaintiff argues that Moore knowingly filed a fraudulent document with the court and seeks sanctions.
Moore previously filed a motion to dismiss on Aug. 2. She is representing herself pro se. She argues that Chester has no legal capacity to sue her and defendant Ernest Moore due to a written liability waiver that Chester argues is fraudulent. They allege the waiver makes Johnson Landscaping responsible for liability.
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.”
Moore also argues that a conflict of interest exists between Chester and “co-defendant.” She 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.
Klote also filed a motion for entry of default. The motion states that the defendants were served with the complaint on July 1. Moore filed an entry of appearance on Aug. 2 but failed to file an answer, Klote wrote. Defendant Bobby Johnson, doing business as Johnson’s Landscaping Solutions, has failed to file an answer or enter an appearance.
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.
Madison County Circuit Court case number 21-L-730