EAST ST. LOUIS - U.S. District Judge Stephen McGlynn dismissed a claim that Zachary Langley of Caseyville contributed to a highway crash without moving.
On Dec. 12 he found Kariah Buckmire of St. Clair County improperly sued Langley to defeat federal jurisdiction over a suit against Energy Transport Solutions and driver Billy Dollison.
He denied Buckmire’s motion to remand the suit to St. Clair County circuit court.
“The video clearly shows that Langley was at a complete stop when Dollison hit his vehicle, pushing it into the rear of Buckmire’s vehicle," he wrote.
“Langley did not collide with Buckmire voluntarily. Instead, his car was pushed into her’s.”
Kristina Cooksey of Fairview Heights filed the complaint in St. Clair County circuit court in July.
She claimed Dollison failed to keep a proper lookout for other vehicles, failed to properly apply his brakes, and operated at a speed greater than reasonable and proper.
She sued Energy Transport Solutions for negligence in hiring, training and supervising.
She asserted a count of negligence against Langley, stating his vehicle “struck the rear of plaintiff’s vehicle, causing her to strike another vehicle.”
She claimed he failed to keep a proper lookout particularly for Buckmire’s vehicle, failed to properly apply his brakes, and operated at a speed greater than reasonable and proper.
Energy Transport Solutions counsel Bradley Hansmann of St. Louis County removed the complaint to district court in September.
He identified Energy Transport Solutions and Dollison as Missouri citizens and claimed Buckmire sued Langley for the impermissible purpose of destroying federal jurisdiction.
Langley’s counsel Tori Walls of Edwardsville consented to removal and moved to dismiss the claim against him for fraudulent joinder.
Cooksey moved to remand the complaint to St. Clair County on Nov. 26, stating it was undisputed that Langley operated the vehicle that struck Buckmire’s vehicle.
She claimed there were questions of law and of fact as to allegations against Langley.
She claimed he didn’t set forth his speed prior to impact, the manner with which he applied his brakes, his following distance, whether he was at a full stop, whether he stopped with sufficient space between his vehicle and Plaintiff’s vehicle, and whether he exercised due care.
McGlynn heard argument on Dec. 2 and dismissed Langley in 10 days, finding Buckmire could not state a claim of negligence against him.
He gave Buckmire 21 days to amend the complaint.