BELLEVILLE – Travel agents in Bloomington facing a St. Clair County suit over deadly poison in Cancun cocktails claim the suit belongs in McLean County.
Direct Travel, Suzi Davis Travel, and agent Christine Kennedy moved for transfer on Feb. 4, claiming all conduct asserted against them occurred in Bloomington.
Their counsel Tucker Blaser of Belleville claimed no defendant resided in St. Clair County or conducted business there.
Joshua Mrkvicka sued the Bloomington agents and Apple Vacations in December, as estate administrator for wife Nicole Mrkvicka.
He also sued Breathless Resort and Spa of Riviera Maya, Mexico.
Attorney Ronald Abernathy of Belleville filed the complaint on Dec. 21, stating Nicole and Joshua shared children ages four and two.
The lawsuit claims that on Dec. 22, 2019, Nicole “became ill and subsequently died.”
“Upon further investigation and autopsy, it was revealed that plaintiff’s decedent died from methanol poisoning,” the suit states.
Apple Vacations allegedly failed to warn Joshua and Nicole that the resort served alcohol diluted with methanol, when it allegedly knew or should have known that resorts in the Cancun region served alcohol cut with methanol.
The suit also claims that the Bloomington agencies knew or should have known.
The agencies retained Blaser, who moved for transfer.
Blaser attached to his motion an affidavit of defendant Kennedy stating a client contacted her about a group vacation.
Kennedy stated she became aware the group included Joshua and Nicole Mrkvicka.
She stated any business she conducted with them occurred in Bloomington.
Three days after the agents moved for transfer, attorney Michael Weisenbach of Edwardsville answered the complaint for Apple Vacations.
He claimed Mrkvicka didn’t establish that Apple Vacations had custody and control over alcohol or that Nicole would have heeded warnings.
He claimed Mrkvicka didn’t establish that tainted alcohol caused her death.
He claimed Nicole died from a mechanism the complaint didn’t describe.
Circuit Judge William Stiehl presides.