The estate of Madison County resident Kimberly Ann Wyatt is suing various trustees of the 2437 East 23rd Street Trust.
According to the official court filing, fellow Madison County resident Dillon Smith, who is now deceased, owned or had invested in numerous real estate properties in and outside of Madison County, including the apartment building located at 2437 East 23rd Street, Granite City. Smith allegedly titled each property in a separate trust as the street name of the property in an attempt to insulate him from and limit his liability for injuries and damages occurring at any of his properties. Smith also allegedly conspired with co-defendants Kathleen Smith, Jeff Hatten and John Doe in the creation of the trusts. On March 9, an attorney for Dillon Smith filed a Suggestion of Death, and Madison County Public Administrator Rene Bassett Butler was later appointed personal representative of his estate.
On December 16, 2021, Wyatt was lawfully on the premises of the aforementioned apartment building in Apartment G3 on the third floor. That day, a fire broke out on the second floor. However, Dillon Smith allegedly failed in his duty to exercise reasonable care for Wyatt's safety through multiple acts of negligence including: failing to supply and/or install a smoke detector in the apartment; failing to provide written information regarding a smoke detector to the tenants of the apartment; failing to install and/or maintain working smoke detectors in the common stairwells of the building; and failing to implement a fire safety policy for the residents of the building.
As a result of the aforementioned actions, Wyatt allegedly sustained internal and external injuries, numerous physical impairments and further pain and suffering that culminated in her death.
Dillon Smith (through his estate), Kathleen Smith, Hatten and Doe are each being sued on two counts for a total of eight: one for negligence, and another for wrongful death. Wyatt's estate administrator, Adam Liley, is seeking financial damages greater than or equal to $50,000 from each count in addition to any other rewards that the court deems suitable.