EAST ST. LOUIS - Marital conflict created a conflict of interest in court and caused cancellation of a trial Chief U.S. District Judge Nancy Rosenstengel would have started on June 24.
Larry Hall of St. Louis, defending a trucking company, advised her late on June 19 that plaintiff Maxwell Schramm of Marion terminated Brian Wendler of Maryville as counsel.
Hall said Edward Hershewe would represent Maxwell Schramm.
He told her Wendler would continue to represent Alexandria Schramm on a claim that Maxwell’s injuries from a highway collision caused loss of support and services.
Wendler contacted Rosenstengel with the same report.
She already knew that Hall’s client, Peregrine Transportation of Kentucky, wanted to impeach Maxwell with evidence from divorce proceedings.
The next day she held a conference with Wendler, Hershewe, Hall and Hall’s colleague Matthew Kouri.
Over objections from Hall and Kouri she vacated the trial date.
She directed the parties to bring available dates to a hearing on July 18.
Wendler sued Peregrine and driver Pamela Kidd of Kentucky in 2021.
The lawsuit claimed she stopped on the shoulder of Interstate 64 in O’Fallon to urinate in a bucket.
Schramm’s Ford Taurus struck the truck as she returned to the road.
Kidd’s alleged negligence resulted from Peregrine’s negligent policy of expecting the motoring public to move over.
Peregrine and Kidd responded that Schramm’s negligence caused the collision.
This June 14, with trial ten days away, Wendler moved to exclude references to Maxwell’s use of alcohol and illegal drugs.
He moved to exclude evidence of separations before the injuries in issue.
On June 17 Hall responded, “Plaintiffs allege that the accident at issue caused their divorce.”
He claimed their choice to bring allegations relating to the divorce made what would otherwise be barred relevant and helpful to a jury deciding the veracity of the claims.
“Specifically she accuses him of drugging her in April 2020 prior to the accident,” he wrote.
“Ms. Schramm states Mr. Schramm was an alcoholic prior to the accident.
“Clearly their relationship prior and subsequent to the accident is relevant.”
He wrote that he’d prohibit evidence about alcohol and illegal drugs except to the extent it was relevant to the marriage at any point.
When Rosenstengel learned that Schramm terminated Wendler she had decided some broad motions for trial and many evidence motions remained pending.
She entered an order after the conference with counsel stating she wouldn’t revisit her rulings absent extraordinary circumstances.
She stated she wouldn’t accept any further submissions except a response from Hershewe to Peregrine’s evidence motions.
Wendler had filed Alexandria's response before he contacted Rosenstengel.
Rosenstengel set a July 3 deadline for Hershewe’s response.
The website of Illinois Attorney Registration and Disciplinary Commission shows his registration ran out in 2022.
It shows an address in Joplin, Missouri.