Madison County Circuit Judge Sarah Smith has awarded $262,162 to the family of an elderly person after a man was accused of transferring funds to his personal business account and then failed to respond to discovery requests or appear in court.
Plaintiffs Shawn Miller-Krausz, as Trustee of the Edward M. Heuhas Living Trust, and Rickey Miller filed a Rule 219(c) motion for judgment on May 3 through attorney Brian Kalb of Byron Carlson Petri and Kalb LLC in Edwardsville. Miller is Heuhas’ daughter and beneficiary, the suit states. Krausz has the power of attorney for Miller.
Kalb wrote that Krausz served defendant Scott Dana Miller with discovery requests on Feb. 1. When Miller failed to respond, the plaintiffs sent a letter requesting a response on March 4.
Kalb then filed a motion to compel on behalf of the plaintiffs on March 17. Smith granted the motion to compel on April 20.
Kalb sought judgment against Scott Miller when he “failed and refused to provide a response in this litigation by his withholding of critical information.”
Smith granted the judgment request on June 23, awarding the plaintiffs $131,081.29 in compensatory damages and $131,081.29 in punitive damages, for a total of $262,162.58.
An affidavit for garnishment was filed July 11.
According to the lawsuit, Scott Miller allegedly transferred approximately $131,081.29 of the trust’s funds held at Edward Jones and Company into an Associated Bank account and then into his personal business account on Oct. 6, 2020.
Then on Nov. 20, 2020, Scott Miller allegedly transferred approximately $100,000 from his personal business account into the Associated Bank account and continued to withdraw funds and transfer them to his personal business account. The remaining balance of the living trust is allegedly now $7,000.
Scott Miller denied the allegations in his pro se answer to the complaint.
Madison County Circuit Court case number 21-L-1414