BENTON – Bailey Watson of Alton, who obtained a $6.7 million judgment against James Hodge for running over her with a wood chipper at their home, aims to collect it from an insurer that has denied coverage all along.
Watson served a Madison County garnishment notice on Michigan insurer Atain Specialty in September, and Atain removed it to U.S. district court on Oct. 13.
Atain counsel John Cavo of Chicago moved to consolidate it with a coverage suit that Atain filed in April.
Lanny Darr of Alton represents Watson, who suffered injuries on Aug. 22, 2020.
According to a report of Jersey County deputy Jeff Klunk, Alton Memorial Hospital staff called Madison County deputies to state that Hodge brought Watson in.
“Bailey was unresponsive and barely breathing,” Klunk wrote.
“When asked what had occurred, James advised medical staff that he had run over Bailey with a wood chipper.”
He wrote that staff told Hodge they’d fly her to St. Louis University.
“James further advised medical staff that he was going to return home so he could shower,” Klunk wrote.
Sheriff’s sergeant Cole set out for Watson’s address on East Bluff Lane, and called Jersey County when he found that the address lay across the county line.
When Cole arrived, according to Klunk, Hodge said he was attempting to turn his Ford F-150 truck and its chipper attachment around.
Klunk wrote that Hodge said Watson ran out in what he believed was an attempt to retrieve her cell phone from the truck.
He wrote that Hodge told Cole he loaded her into his vehicle and transported her to Alton Memorial.
He wrote that Hodge said he told hospital staff he’d return home and shower so he could go to St. Louis.
While Hodge showered, Klunk arrived.
According to Klunk, Cole gave no indication that the incident occurred on purpose.
When Hodge came out, Klunk asked why he didn’t contact 911.
“James advised his initial priority was to get Bailey medical care as quickly as he could,” Klunk wrote.
He wrote that Hodge said she was alert and talking but she began to fade out.
He wrote that Hodge denied any arguing or fighting and was calm and cooperative.
Watson sent a claim to Atain this February, and Atain didn’t pay.
In March, Watson sued Hodge and his Riverbend Tree Service in Madison County.
On April 26, in district court, Atain sued Riverbend as policyholder along with Hodge and Watson.
Cavo’s colleague David Brown sought declaratory judgment that Atain’s policy didn’t cover Watson’s injuries.
He quoted a range of provisions, definitions, and exclusions down to the license plate on the truck.
Three days later, in the Madison County suit, Watson moved for default judgment against Hodge and his business.
In June, Circuit Judge Dennis Ruth found Hodge and his business in contempt.
At bench trial on Aug. 6, he found Watson spent 27 days at the university hospital and 16 days in SSM Health Rehabilitation Hospital.
Ruth found that as of trial, she couldn’t walk unassisted for any appreciable duration and she depended on a wheelchair.
He found she was 32, with life expectancy of 58 years.
He awarded $699,568.52 in medical expenses, $2 million for pain and suffering, $3 million for loss of normal life, and $1 million in wage loss.
He entered judgment against Hodge and his business.
In district court, neither Darr nor anyone else answered for Watson.
Hodge answered for himself on Aug. 17, stating that Atain refused to defend him in Edwardsville and therefore waived their policy defenses, if any.
On Sept. 13, Senior District Judge Phil Gilbert set bench trial next Oct. 17.
Also on Sept. 13, Darr filed Watson’s garnishment notice.
In Atain’s brief for removal to district court, Cavo claimed Hodge’s interests were aligned with Watson’s on the judgment against him.
“Accordingly, he should be realigned with Watson for the purposes of this garnishment proceeding and this court’s subject matter jurisdiction,” Cavo wrote.
“The garnishment proceeding initiated by Watson against Atain is removable to this court because it brings in a new party and raises new and distinct disputed issues, namely coverage under an insurance policy, which were not addressed in the underlying suit.”
The clerk assigned District Judge Staci Yandle, who can keep it or send it to Gilbert for consolidation.