Lading

Gilbert

Madison County Treasurer Kurt Prenzler has responded to a suit filed by eight securities companies claiming a tax sale conducted last year violated state law because it was done without first obtaining a court order.

Attorneys Philip J. Lading and John Gilbert of Sandberg Phoenix & von Gontard for Prenzler wrote that plaintiffs have been reimbursed for their purchase of $1.3 million in tax certificates and that the certificates in question have been returned to the Treasurer

Plaintiffs Algonquin Securities, Cardinal Securities, Land of Lincoln Securities, Monarch Securities, Prairie State Securities, Violet Securities, White Oak Securities and Windy City Securities filed suit in Madison County on Feb. 22.

According to the lawsuit, the plaintiffs collectively purchased $1.3 million in tax certificates at the annual Madison County tax sale on Feb. 22, 2012. In exchange for the receipt of $1.3 million, the defendant issued 390 tax certificates.

The plaintiffs claim the sale was not valid. They further claim that if a Treasurer neglects to perform any of the duties required by him, he shall forfeit a sum of not less than $50 and not exceeding $1,000, according to the nature and aggravation of the offense.

The plaintiffs claim they have suffered costs associated with preparing for the tax sale, loss of interest, loss or real estate equity and the lost chance of obtaining real property through the tax deed process in the amount of $5,581,654.

The plaintiffs are represented by Mark McLean of McCarthy, Leonard & Kaemmerer in Chesterfield, Mo.

The case is assigned to Madison County Circuit Judge William Mudge.

Madison County case number 13-L-286

Lakin

A plaintiff in a personal injury suit against Kmart is asking the retailer to admit there were no signs on a store shelf revealing the weight of a box containing a turkey fryer.

Elisha N. Naumann, who sued Kmart last November in Madison County Circuit Court claiming a 50-pound turkey fryer hit her in the head, also wants the store to admit there were no signs informing customers not to attempt to remove a turkey fryer from a shelf on their own.

Naumann filed the set of requests to admit on May 3.

She is represented by Bradley Lakin of SL Chapman in St. Louis.

Naumann’s suit claims the incident occurred on Nov. 21, 2010, at the Kmart on Homer Adams Parkway in Alton.

She is asking that Kmart also admit that there were no signs on the store shelf informing customers to request help in removing items, that no employee witnessed the incident, that no employee offered to help her and that no employee told her not to attempt to remove the turkey fryer.

In addition, she wants the store to admit that it had warning signs available in the store at the time the incident occurred.

Naumann also asks that Kmart admit that a customer who witnessed the incident was asked to and did fill out incident paperwork.

In its March 20 response to the suit, Kmart says Naumann contributed to her own injuries.

Kmart attorney Donald L. O’Keefe of Pitzer Snodgrass in St. Louis says Naumann failed to keep a careful look out of the conditions, failed to request assistance when removing merchandise from the shelf, failed to heed Kmart employee’s warning on the day of the incident, assumed the risk of removing merchandise from an overhead shelf without assistance, and refused to allow the defendant’s employees to assist her in the removal of merchandise from an overhead shelf.

Naumann seeks damages in excess of $50,000 for injuries that include severe bruising, contusion, wrenching, straining, spraining, tearing, twisting and pulling of the bones, nerves, tissues, tendons, ligaments and muscles of the head, neck, shoulder, back, and spine, and all musculoskeletal areas adjacent thereto..

A status conference is set at 9 a.m. on June 26.

Circuit Judge William Mudge presides.

Madison County case number 12-L-1861

The Collinsville VFW is being sued after a woman allegedly tripped and fell in a hole in the post’s parking lot.

Denise M. Lewis filed a lawsuit April 22 in Madison County Circuit Court against Collinsville VFW Post 5691.

Lewis says she was visiting the Veterans of Foreign Wars post in the 1200 block of Vandalia Street in November 2011. As she crossed the parking lot Lewis claims she tripped and fell in a hole in the surface that was allegedly unmarked.

Lewis accuses the Collinsville VFW of negligence and asks for more than $50,000 in damages for medical expenses, loss of income and court fees.

She is represented by attorney Gregory Tobin of East Alton.

Madison County Circuit Court Case No. 13-L-620

Auerbach

The American Federation of State, County and Municipal Employees (AFSCME) is suing Madison County and State’s Attorney’s Thomas Gibbons over the County’s alleged failure to abide by an arbitrator’s award reinstating a former secretary to service.

Chicago attorney Melissa J. Auerbach of Cornfield and Feldman, a firm that appears to exclusively represent labor unions, filed the complaint May 6 on behalf of former secretary Andrew Kane.

The complaint states that Kane was discharged on May 2, 2012 from the position of “Secretary II” in the Felony Division. The position pays approximately $35,000 annually.

Kane, 26, declined to comment on the reasons for his termination.  He said he is concerned that taxpayers will be responsible for court costs and attorney’s fees incurred by AFSCME in order to have the award enforced.

He also said he is disturbed that the State’s Attorney office has chosen to ignore a collective bargaining agreement (CBA).

“The complete disregard of the collective bargaining agreement should be of great concern to all employees of Madison County bound by such agreement,” Kane said in an email message.

He said he started working in the office as a clerk typist in August 2010, and that he also had interned in the office while in college.

After he was terminated last May, Kane filed a grievance in accordance with terms of the CBA, the suit states. The discharge grievance, which was later referred to an arbitrator when it could not be fully resolved, claimed that Kane’s discharge was without just cause under provisions of the CBA.

On Jan. 22, an arbitrator sustained Kane’s grievance. Kane’s discipline was to be reduced to a suspension for time served and he was to be restored to service, but without compensation for lost time.

“The State’s Attorney had 90 days to appeal or modify the arbitration award and that 90 days has passed with no complaint filed on behalf of Madison County,” Kane said.

The suit asks the Court to enforce the arbitration award by reinstating Kane, pay back pay and benefits with interest from Jan. 22 until the date of his reinstatement and pay the costs and fees associated with bringing the action.

A spokesperson for the State’s Attorney’s office said Gibbons would be commenting on the matter after reviewing the filing.

Madison County case number 13-MR-135

Darr

An Alton liquor store is accused of selling “bath salts” that led to a woman’s death.

Shirley Morgan, as special administrator of the estate of Tonia Marie Whitehead, filed a lawsuit April 19 in Madison County Circuit Court against William F. Brockman, William F. Brockman Wholesale Tobacco & Candy and Purnima LLC, doing business as Broadway Package Liquor. Ravikumar P. Modi is also named as a defendant.

According to the complaint, Brockman sold and distributed 500 milligram packets of “Up Energizing Aromatherapy Powder” in Madison County. Those packets, commonly known as “bath salts” and used as a recreational drug, allegedly contain the chemical methylenedioxypyrovalerone (MDPV), a stimulant with qualities similar to cocaine or amphetamines.

In April 2011, Whitehead allegedly consumed the “Up Energizing Aromatherapy Powder,” became sick and died a day later at Alton Memorial Hospital. Morgan claims Whitehead obtained the “bath salts” from someone who bought them at Broadway Package Liquor.

Morgan accuses the defendants of distributing and selling a product known to be dangerous and claims the packets were not properly labeled as such. Brockman, his company, the liquor store and Modi are accused of negligence and product defect.

Morgan asks for more than $500,000 in damages and court costs.

Attorney Lanny Darr of Alton represents her.

Madison County Circuit Court Case No. 13-L-608

A Bethalto woman claims she developed cancer after being exposed to benzene while living near a Shell Oil plant.

Trudy Lehnen filed a lawsuit May 1 in Madison County Circuit Court against Shell Oil Company and BP Products North America.

In her complaint, Lehnen claims she lived at 532 Seventh St. in Wood River from 1951 until 1974.

Near Lehnen’s home lies the Wood River Refinery. At the refinery, Shell processed and stored benzene, a highly toxic chemical classified as a human carcinogen, according to the complaint.

The chemical transferred from the facilities to the ground water and soil, where Lehnen came into contact with it, the suit states.

Because of her exposure, Lehnen developed multiple myeloma, the complaint says.

Lehnen claims her disease has caused her to incur medical costs, to experience pain and suffering and to endure mental anguish. She also suffers from a shortened life expectancy, has missed work, has been unable to obtain employment and has experienced a permanently damaged ability to make a living, according to the complaint.

Lehnen alleges negligence against the defendants, saying they included benzene in their products even though they knew of the dangers of the benzene, included benzene in their products when adequate substitutes were available, failed to sufficiently test the health effects of benzene and failed to maintain records on residents living near the Wood River facilities, among other negligent acts.

She also accuses the defendants of willful and wanton conduct, conspiracy and cover up.

In her 15-count suit, Lehnen seeks a judgment of more than $100,000 and compensatory damages of more than $50,000, plus costs and other relief the court deems just.

Christopher W. Dysart of The Dysart Law Firm in St. Louis will be representing her.

Madison County Circuit Court case number: 13-L-679.

A Washington Park police officer says he is owed money for injuries he sustained after an allegedly intoxicated driver struck his vehicle while he was on duty.

Donald Hubert Jr. filed a lawsuit April 23 in St. Clair County Circuit Court against the Village of Washington Park, Jonathan D. Klein, Mega Leasing Corporation and State Farm Insurance Company.

In his complaint, Hubert claims he was working as a police officer for Washington Park on April 7 at about 5:30 a.m. when he attempted to stop Klein, who was driving erratically.

“Instead of complying with the lawful instructions of a police officer, defendant Klein recklessly, and while intoxicated, drove his motor vehicle into the police car of plaintiff, resulting in injuries to plaintiff Hubert,” the suit states.

In addition to Klein, Hubert names Washington Park as a defendant, saying it failed to secure workers’ compensation insurance and failed to provide him with a safe place to work.

He also names Mega Leasing Corporation, saying it sold the alcohol to Klein, which had caused him to become intoxicated, according to the complaint.

At the time of the collision, Hubert had a policy through State Farm that was supposed to protect him if he got into a collision with an uninsured motorist. He now seeks payment of that policy, the suit states.

In his four-count complaint, Hubert seeks a judgment of more than $100,000, compensatory damages of more than $100,000 and punitive damages of more than $100,000, plus costs and other relief the court deems just.

Thomas G. Maag and Peter J. Maag of Maag Law Firm in Wood River will be representing him.

St. Clair County Circuit Court case number: 13-L-213.

April 29, 2013

Alton

• $30,000- Rozier St.- Edward C. McPike to James B. and Julie M. McPike
• $6,100- 1010 Milnor Avenue- Joseph, Richard, Gregory, and Victor Burton to Magnolia James
• $28,599- 1118 College Avenue- Sec. of Housing and Urban Dev. to Claudette W. Kirk
• $212,000- 8201 Grance Terre Pl.- Stanley C. Hammond and Christy L. Hammond to Jeffrey L. Matthies and Juliana M. Matthies
• $30,000- 8420 Paradise Key- Ralph G. Paslay and Marsha K. Paslay to Jacob M. Smith and Holly B. Smith
• $149,000- 430 Bluff St.- Derek Barnard and Krista Barnard to Gregory R. Harden and Deborah S. Harden
• $59,893- 925 Washington Ave., Also includes 927 Washington Ave.- Rodger W. Jennings to Jennings Family Trust

Bethalto

• $75,000- 1009-1011 West Corbin Street- Michael Paslay to Richard A. Mendez Jr. and Gayle A. Mendez

Brighton

• $125,700- 1682 Straube Lane- Sec. of Housing and Urban Dev. to Michael Millsay and Sarah Moyer

Collinsville

• $105,000- 102 Gauen Avenue- Deanna L. Long-Fonner to Kerry Ritter

Dorsey

• $30,000- 7219 Renken Road- Gary Bernhardt to Ryan Bernhardt and Virginia Singleton

East Alton

• $84,900- 840 Oakdale Drive- Kristen Schmidt, Dillon Brown and Betty L. Schmidt to Ryan Bethel

Edwardsville

• $50,000- 3 Sharpsburg Court- Pamela D. Renken to John and Leonard Rankin
• $115,000- 1 St. Andrews Place- A. Marie Phillips to Shea Lovell
• $300,000- 1 Richmond Court- Christine and Matthew Diehl to SIRVA Relocation LLC
• $300,000- 1 Richmond Court- SIRVA Relocation LLC to Douglas D. Shapiro and Kimberly A. Shapiro

Glen Carbon

• $125,000- 2 Kaman Drive- Paul Edward Colarusso to Kaman Construction LLC

Granite City

• $40,000- 2218 Edison Ave- Terrell E. Johnson Sr. to James B. Amos and Kristin L. Amos
• $130,000- 4204 Lake Dr.- Harvey F. Scarsdale and Mary Scarsdale to James D. Podner
• $71,500- 2733 Willow Ave.- Gilmore Properties and Investments Ltd. to Randall Hardy
• $96,000- 2332 Cardinal Avenue- Ronnie L. McCoy Jr. and Jennifer L. McCoy to John F. Venne
• $99,500- 2444 Woodlawn Ave.- Jason R. Talley and Darold Talley to Mary Lou Robeen
• $54,000- 2922 Buxton Ave.- Jeremy Rubenacker and Brian Crippen to Randall Faulkner
• $45,000- 3336 Village Lane- Sec. of Housing and Urban Dev. to Jonathan Steward and Jamie Schaefer
• $56,500- 3033 Willow Ave.- James Odom and Robert Dudley to Kenneth L. Cooper and Chelsea B. Cooper

Highland

• $283,500- 40 Tara Trail- Richard J. Quinn and Janet M. Quinn to Joseph R. and Jennifer R. Koenig
• $149,000- 805 Sycamore Street- Edward Armbruster and Sarah Armbruster to Wesley Martindale
• $296,500- 11759 Hickory Flat Road- Bonnie J. Seitz and Jimmy D. Seitz
• $1,000- State Route 160- Amber J. Tallman to Knackstedt Enterprises LLC

Maryville

• $80,000- 812 Westwood Road- John J. Biscan to Alpha Beta Gamma LLC
• $44,000- Lot 37 Tuscany Ridge- Milburn Road LLC to Musec Homes INC.
• $177,000- 1109 Robert Drive- John Wayne Nicol Jr. and Jamie Nicol to Joseph T. Watson and Emily E. Watson

South Roxana

• $8,250- 211 Poag- The Bank of New York Mellon to Victor Faithinschi and Claudia Maria Faithinschi

Trenton

• $173,500- 13253 Lee Road- Christopher Nobe to Jimmy D. Seitz and Bonnie J. Seitz

Wood River

• $130,000- 778 Purvis- First National Bank in Staunton to Angela M. King

April 30, 2013

Alton

• $15,000- Fosterburg Road- George W. Carroll to Benjamin Ashby
• $68,900- 2316 State St.- Meaghan L. Fessler to Dakota and Rebecca Grindstaff
• $72,000- 2611 Davis St.- Jeffrey R. Olds and John R. Olds to Nicole, Charles, and Caroline Nasello
• $2,000- Gillis Street- Angela McLaughlin to Anthony C. Phillips

Bethalto

• $132,000- 104 Abbott- Darrin Singleton to Marcus Lee Lane and Patricia Marie Lane

Collinsville

• $95,000- 701 St. Louis Road- Vincent G. King to Robert Williams and Debbie Williams

East Alton

• $106,000- 196 Airline Dr.- Justin B. and Amber L. Newell to Harry L. Reed III

Edwardsville

• $159,500- 839 Wilson Dr.- Mitchell D. Rentfro and Sarah Rentfro to Jennifer M. Wagner
• $730,000- 3021 Sunset Hills Blvd South- James Ernahiser and Nancy Ernahiser to Fred J. Whitworth and Sherri L. Whitworth
• $134,900- 4620 Horseshoe Lane- Babington Properties INC. to Robert J. Ham
• $265,000- 13 Eagle Court- Donald L. Deters and Kathleen A. Deters to Gloria Reading
• $292,000- 8 Julie Lane- John Wories Jr. and Joan C. Wories to Thomas S. Crutchfield and Carrie L. Crutchfield
• $60,000- 319 and 320 Westview Drive- James A. Hayes and Beau Thomas Hayes to Terry Bowser and Barbara Bowser

Glen Carbon

• $51,000- 3141 Birmingham Drive- Savannah Crossing Development INC. to Jonathan and Elizabeth Reader

Granite City

• $138,000- 2296 Gary Ave.- Douglas S. Tuhro and Tricia A. Tuhro to Travis Tyler
• $72,500- 2165 Woodlawn Ave.- Edward P. Davis and Mary L. Davis to Angelica Krupco
• $49,000- 2824 Pershing Boulevard- Fred A. Elmore and Charlene M. Elmore to Yeager Properties INC.
• $55,000- 2600 22^nd Street- Margaret A. Dycus to Brandon A. Rushing and Fable S. Rushing
• $124,000- 24 Meadowlark Court- James L. Poole and Karen L. Poole to Donald L. Johnson and Barbara A. Johnson
• $52,000- 2909 Dale Ave.- Michael L. Dawson to Jacob M. Russell
• $65,000- 4812 Warnock Avenue- George Wolfe and Kimberly Wolfe to Herschel R. Harris and Mary K. Harris

Highland

• $110,000- 55 Chase Way- Letizia L. Lowe to Dalton E. Box and Linda A. Box
• $565,000- 113 Verrazanno Drive- John J. and Shelley L. Geiger to Kevin C. and Abbey L. McGinley
• $172,000- 12730 Iberg Road- Robert S. Michael to Rick L. Broske

Livingston

• $27,000- 478 School Street- Treva J. Chartrand to Douglas L. White

Maryville

• $15,001- 6316 E. Main Street- Foreclosure Sale Conducted by Mad Co. Cir Ct. to Dawn Wooley

Moro

• $106,500- 224 Vine Street- Justin Steward to Ronald Buecker and Amanda Buecker

New Douglas

• $62,500- Libbra Rd.- Audrey S. Kays to Jason G. Lilley and Crystal D. Lilley

Troy

• $127,000- 516 Oakwood Drive- Robert A. Bass and Adrian E. Bass to Joseph Plasters and Joanne Plasters
• $165,000- 5 Oakbrooke- Joyce E. Scaturro to Randall Luber and Sara Luber

Worden

• $140,000- 7404 State Route 4- Timothy A. Ridens and Buffy M. Ridens to Brian Wiegmann

May 1, 2013

Alton

• $188,000- 4623 Wisteria Drive- Priscilla McTizic to Matthew and Meaghan McIntyre
• $112,000- 6 Avon Place- Quan H. Nguyen and Michelle Nguyen to Priscilla McTiziz
• $33,600- 1201 Spaulding Street- Judicial Sales Corporation to The Secretary of Housing and Urban Development

Bethalto

• $89,900- 812 Wildwood Drive- Fannie Mae to Ryan Armstrong
• $68,000- 229 St. Marys- Charles R. Higgins to John Huber

Collinsville

• $21,000- 714 E. Clay St.- Secretary of Housing and Urban Development to Hayley Davidson and Edward Marsh

Edwardsville

• $59,500- 605 Westview- Fannie Mae to Kathleen Schneider
• $90,675- 856 Madison Avenue- Larry Best to Noel E. Cooper and Joann M. Cooper
• $137,000- 511 Hillsboro Avenue- Keith Jansen and Janis Jansen to Matthew C. Meyer
• $328,000- 3470 Manassas Drive- Brian P. Rudd and Krista J. Rudd to Eric Wigton and Katie Wigton

Godfrey

• $105,000- 4810 Paris- Leif Anderson to Rand and Shirley Springman
• $64,500- 114 Clarence Drive- Secretary of Housing and Urban Development to Larry and Matilda Stark
• $41,000- 5805 Vollmer Ln.- Secretary of Housing and Urban Development to Stacey Danyel Rulo

Granite City

• $16,000- 2309 E. 23^rd St- Gilmore Properties and Investments Ltd. to Jason T. Gan
• $16,500- 3160 Jill Avenue- U.S. Bank to Nabil Jbour and Nimush Patel
• $49,500- 3109 Myrtle Avenue- Sec. of Housing and Urban Dev. to Elizabeth Rodriguez
• $34,500- 27 Moorland Drive- Secretary of Housing and Urban Development to Michael S. Ginter
• $7,126- 2432 Iowa St.- Secretary of Housing and Urban Development to Thomas Cook

Troy

• $178,000- 515 Coventry Road- Jimmie D. Evans to Brian Butts and Brittany Sauget

Wood River

• $15,000- 853 State Street- Federal Home Loan Mortgage Corporation to Linda Romano

May 2, 2013

Alton

• $21,000- 2615 Maxey- Charles and Judith Silver to David Grisham and Lowell Grisham
• $350,000- 5036 Valleyview Drive- Linda Carrow to David and Lisa Marshall
• $30,000- 3401 Lincoln Street- Vicki Miller, Lawrence, Danny, and Robert Turner to Jospeh L. Baze
• $79,000- 810 Logan Street-Kenneth Church to Kacie Bendtsen
• $87,000- 3501 Fullerton Avenue- Nancy Landry to Joshua and Lisa Pogue
• $19,700- Seiler Road- Ragsdale Family Limited Partnership to County of Madison
• $60,000- 110 E. 12^th St.- David C. Kilduff to Matthew Hicks
• $45,000- 132 E. Elm St.- The Secretary of Veterans Affairs to Dennis I. and Judith K. Jarden

Bethalto

• $62,500- 408 Sanders St.- Bryce E. Ash to Richard L. Forsythe
• $180,000- 74 Brooks Drive- Genevieve A. Mazzoni and Mary Sonntag to Eunice C. Johnson

Collinsville

• $142,100- 310 Rosemary Drive- Sec. of Housing and Urban Dev. to Scott Gordon Biggers and Maria Zsoter Biggers
• $91,000- 514 Forest Dr.- George A. Kruse and Meadrith E. Kruse to Trenton Wieties and Sarah L. Zanotti
• $115,000- 125 Summer Blvd.- Paul Hemenway and Karen Hemenway to Kathryn M. Lakiotis

Edwardsville

• $498,000- 3618 S. Arbor Lake Drive- Robert and Kelly Ozmun to Leonard R. Hawkins
• $116,200- 917 Randle- Ann Brown, Martha Taber, Julia Vitalie, Paul John Burrus, Janae Mason, and Marcus Mason to Shawn Huff and Amanda Warren

Glen Carbon

• $260,000- 3115 Alexandria Dr.- Remington Properties LLC to Ryan Mahoney and Katie Mahoney
• $120,000- 155 S. Main St.- Kenneth D. Herrin Sr. and Lori L. Herrin to Patrick O. McDill

Godfrey

• $110,000- 3517 Rosenberg Lane- Georgia L. Fairbanks to Mark A. Wombles and Lajune Hallman

Granite City

• $80,000- 1933 Pontoon Road- Joseph T. Watson and Emily E. M. Watson to Carlos Belmontes

Hartford

• $60,000- 104 Joan Drive- Mary Tant to Lucas Hale and Alysha Hale

Highland

• $105,125- State Rte. 160- Jason M. and Rebekah J. Petty to Greg S. and Paige M. Basler

Maryville

• $242,000- 21 Pink Oak Ct.- Michael S. Matikitis and Linda S. Pfeffer to William G. Ray and Marsha M. Ray

Moro

• $107,400- 118 Dee Street- Kathi L. Cooper to Danielle A. Clayton

Troy

• $177,500- 22 Wheat Drive- Joseph A. Reeves and Ruth E. Reeves to George Kruse and Meadrith Kruse

Worden

• $112,000- 8429 Prairietown Rd.- Zachary Schilling to Brandon and Whitney Triplett

May 3, 2013

Alton

• $47,000- 3203 Franor Street- Secretary of Veterans Affairs to Aaron M. Mahlandt

Collinsville

• $37,500- 1040 Lafayette Court, Unit E- Mary C. Mulcahy to Michael E. Otten and Matthew E. Otten
• $205,000- 19 Somerset Place- Willliam L. Brayton Jr. and Martha E. Brayton to Ann Peters
• $6,524,937- 605 Belt Line Road-  American Realty Capital Trust to Realty Income Corporation
• $116,000- 1029 West Clay- Carl A. Courtright Jr. and Patt Courtright to Roy Miller and Chassidy V. Miller

East Alton

• $138,500- 203 Kutter- Ronald E. O’Neal to Stanley Hammond and Christy Hammond

Edwardsville

• $275,000- 10 Sharpsburg Ct.- Sarah Allen Lund to John W. Skivers and Kaethe Skivers
• $129,900- 1515 Madison Avenue- David A. Krouse and Judy M. Klopmeier to Betty Geremia
• $93,500- 233 Commercial Street- Daryl K. Hall and Mary B. Hall to Paul Brown and Linda Brown
• $485,000- 3720 Ridgeview Rd.- Cornel H. Broenner to Edward Adelman
• $25,000- 105 First Avenue- Jimmy D. Holshouser to Kevin M. Kahrig

Glen Carbon

• $156,000- 60 Lucinda Dr.- Richard Thompson and Ashley Thompson to James Goodman and Shelley Goodman
• $238,000- 13 Lantern Court- Elaine B. Michlitsch to Dennis D. Staley and Patricia A. Staley
• $189,500- 11 Oakshire Drive West- HSDC Bank to Robert L. Carpenter and Connie K. Carpenter

Godfrey

• $112,000- 915 Robert Drive- Susan E. McAninch to Galen White

Granite City

• $10,000- 2811 Roosevelt Ave.- VI INC. to Christopher L. Swisher
• $62,000- 200 Voight Place- Jackie and Madeen Cook
• $30,000- 3148 Davis Ave.- Kathryn Faulkner to Harold Bellinger

Highland

• $115,000- 12359 Highland Road- Ronald J. Linenfelser to Julianna M. Linenfelser to Mettler Development LLC
• $342,500- 13788 Frey Acres Drive- Jason A. and Jessica Huck to Nicholas R. and Angela R. Lappe
• $197,900- 15 Augusta Drive- Nicholas R. and Angela R. Lappe to Jacob R. Bickline
• $122,000- 2406 Lakeshore Drive- Alfred E. Culp and Joan C. Culp to Keith F. Koch and Norene A. Koch
• $67,900- 40 Independence Drive- Wellen Homes INC. to Thomas H. and Jeanne Lynn Robards
• $151,900- 4826 Cedar Spring Drive- Corey Frey and Edyth Reinacher to Dave D. Wilson II
• $124,000- 12737 Pocahontas Road- Claudia Hofer to Nathan A. R. Schoen

Marine

• $238,000- 600 S. Oregon Street- Charles W. Owens to Leroy Deunger

Maryville

• $28,500- 2105 Tuscany Ridge Court- Milburn Road LLC to Michelle L. Corey

New Douglas

• $7,000- 315 4^th Street- Kimberly Schneidewind to Roy Matulewic

Roxana

• $35,000- 404 North Maple Avenue- Carol J. Stanfill to Rosemary A. Yates

Troy

• $138,649- 402 Oakwood Drive- Intercounty Judicial Sales to Secretary of HUD

Wood River

• $34,500- 60 East Penning Avenue- Jodie Shaw Lutz and Cole S. Lutz to James Brenton and Lisa Brenton
• $20,522- 926 Whitelaw Ave.- SI Securities LLC to Cambridge Properties LLC
• $12,578- 928 Whitelaw Ave.- Sabre Investments LLC to Cambridge Properties LLC
• $116,000- 104 Crestview Drive- Mark and Jackie Stinson to Zachary Raube

April 29, 2013

• Regions Bank V. Leta A. McClellan, $73,941.22, 686 Maurice St., Wood River. 13-CH-349
• The Bank of New York Mellon V. Jeffrey C. Hudzik, $34,256.67, 3026 Marshall Ave., Granite City. 13-CH-350
• JPMorgan Chase Bank V. Daron Zirges, Trisha Zirges, $109,809.29, (Attached to Exhibit A). 13-CH-351
• U.S. Bank V. Susan Bast, Phillip Bast, $69,454.40, (Attached to Exhibit A). 13-CH-352
• Ocwen Loan Servicing V. Edwin Wiley, Kelly Wiley, $278,866.86, 1767 State Route 160, Highland. 13-CH-353

April 30, 2013

• Bank of America V. Paul A. Ventimiglia, Erin Ventimiglia, $113,334.38, 5017 Valleyview Dr., Alton. 13-CH-354
• HSBC Bank V. Kim L. Morgan, Peter G. Morgan, $39,353.11, 617 E. 5^th Street, Alton. 13-CH-355

May 1, 2013

• Federal National Mortgage Association V. Andre Mathis, $60,189.22, 318 George Street, East Alton. 13-CH-356
• The Bank of New York Mellon V. Sherri Andrews, $55,404.63, 107 South Windmill Street, Marine. 13-CH-357

May 2, 2013

• The Bank of Edwardsville V. 241 LLC, Brenda Sue Plocher, $1,192,609.18, 241 North Main St., Edwardsville. 13-CH-358
• U.S. Bank V. Timothy S. Maggart, $50,335.46, 2216 Mills Avenue, Alton. 13-CH-359
• Bank of America V. Kris D. Meinhard, Wayne Allen Meinhard, $124,532.57, 8 Doe Court, Moro. 13-CH-360
• Ocwen Loan Servicing V. Michelle L. Harmon, $92,550.29, 115 Crestview Drive, Wood River. 13-CH-361
• Regions Bank V. Bradly D. Sipes, Jennifer M. Sipes, $61,545.73, 2837 Edgewood Avenue, Granite City. 13-CH-362

May 3, 2013

• Pennymac Corp V. Unknown Heirs and Legatees of Mildred Skaggs, $56,064.65, 4501 Vine Boulevard, Granite City. 13-CH-363
• Wells Fargo Bank V. Alexis J. Hooper, Eugene R. Hooper, $78,196.29, 4129 North Drive, Granite City. 13-CH-364
• Deutsche Bank V. Michael Hurst, Mary Hurst, $81,823.22, 419 Butcher Street, Bethalto. 13-CH-365
• Bank of America V. Danny R. Fish Jr., Unknown Heirs and Legatees of Danny R. Fish Jr., $71,835.30, 3702 Western Avenue, Alton. 13-CH-366
• JPMorgan Chase Bank V. Duvward W. Johnson, $124,614.45, (Attached to Exhibit A). 13-CH-367
• JPMorgan Chase Bank V. Samantha N. Moorehead, $34,912.19, (Attached to Exhibit A). 13-CH-368
• U.S. Bank V. Tammy Sutton, $74,925.55, (Attached to Exhibit A). 13-CH-369

April 24, 2013

• U.S. Bank V. John K. Sides, Christine Sides, $100,155.91, 402 Greenwood Place, Collinsville. 13-CH-379

April 25, 2013

• CitiMortgage V. Michael A. Edwards, Roberta P. Edwards, $115,616.24, 128 North Sixth Street, Dupo. 13-CH-380
• Bank of America V. Jane E. George, $53,975.97, 105 N 81^st St., Belleville. 13-CH-381

April 26, 2013

• Deutsche Bank V. Theresa G. Schaefer, $57,050.31, 1319 Williams Street, Cahokia. 13-CH-382
• Metlife Home Loans V. Abigail Quinn, Cadaro Quinn, $100,882.87, 14 Cat Tail Court, Belleville. 13-CH-383

April 29, 2013

• Bank of America V. Annie L. Clemon, $80,153.39, 726 Saint Nicholas Drive, Cahokia. 13-CH-384
• Regions Bank V. William James Quirin, Cheryl Eileen Quirin, $17,346.13, 2012 N. 16^th Street, Belleville. 13-CH-385
• UMB Bank V. Jackie W. Koonce, Jane Doe, $25,465.53, 205 South Second St., Caseyville. 13-CH-386

April 30, 2013

• U.S. Bank V. Alison K. Melton, Kenneth R. Melton, $99,830.45, 316 Williams Street, Caseyville. 13-CH-389
• Federal National Mortgage Assocation V. Luis Trujillo, Marlene Trujillo, $67,355.97, 1001 Royal Heights Road, Belleville. 13-CH-390
• Bank of America V. Jimmy L. Peters, $99,312.76, 318 Joy Dr., O’Fallon. 13-CH-391

May 1, 2013

• Castle Peak 2012-1 Loan Trust Mortgage Backed Notes by U.S. Bank V. Tamika Isaac, $96,103.26, 21 Blackburn Drive, Belleville. 13-CH-392
• JPMorgan Chase Bank V. Gerald R. Helton, Anna M. Helton, $66,761.80, 2 Woodhaven Court, Belleville. 13-CH-393
• JPMorgan Chase Bank V. Christopher J. Linford, Kathryn Jean Linford, $185,664.93, 1230 Applewhite Road, O’Fallon. 13-CH-394
• Delmar Financial Company V. Demmetris Y. May, $75,847.45, 25 Lucinda Ave., Belleville. 13-CH-395

Harrison

Wednesday, May 15

10 a.m.

MILLER LESTER W V. BORGWARNER MORSE TEC, INC
12-L-000355, ASBESTOS J 311

GEORGE SALLY I V. AII ACQUISITIONS LLC FKA HOLLA
12-L-000356, ASBESTOS J 311

SINGLETON CAROL V. ALLIED CRANE INC
12-L-000957, ASBESTOS J 311

WHITAKER SAMUEL V. 4520 CORP INC FKA BENJAMIN F S
12-L-001789, ASBESTOS J 311

VALENCIA MARILYN J INDIVIDUALL V. A W CHESTERTON COMPANY
10-L-000898, ASBESTOS J 311

HOWARD MARY INDIVIDUALLY V. A W CHESTERTON COMPANY
10-L-000899, ASBESTOS J 311

HALL JANET INDIVIDUALLY V. AIR & LIQUID SYSTEMS CORPORATI
10-L-001159, ASBESTOS J 311

WILLIAMS MINA INDIVIDUALLY V. AIR & LIQUID SYSTEMS CORPORATI
10-L-001178, ASBESTOS J 311

FELLER ALLEN V. A W CHESTERTON COMPANY
11-L-000378, ASBESTOS J 311

CANTY JEFFREY L V. BORGWARNER MORSE TEC INC FKA B
12-L-001264, ASBESTOS J 311

BYERLY SUSAN INDIVIDUALLY V. ALCO DIVISION OF NITRAM ENERGY
12-L-000660, ASBESTOS J 311

BECKER JUDITH INDIVIDUALLY V. A W CHESTERTON INC
11-L-000042, ASBESTOS J 311

CARLSON MARY INDIVIDUALLY V. ARMSTRONG INTERNATIONAL INC
11-L-000271, ASBESTOS J 311

DICKNEITE ANITA M INDIVIDUALLY V. ARVINMERITOR
11-L-000400, ASBESTOS J 311

BOEHNE EUGENE V. ARMIN TOOL AND MANUFACTURING C
11-L-001199, ASBESTOS J 311

LEWIS ROBIN T V. A O SMITH CORPORATION
11-L-001222, ASBESTOS J 311

HOPPER DEANNA M V. BORG WARNER MORSE TEC INC AS S
12-L-000993, ASBESTOS J 311

BROWN JAMES M V. A O SMITH CORPORATION
12-L-001010, ASBESTOS J 311

KUSZ PAULINE A INDIVIDUALLY V. A W CHESTERTON INC
10-L-000517, ASBESTOS J 311

ADKINS MARVIN A V. ARCELORMITTAL USA INC
10-L-000873, ASBESTOS J 311

STAFFORD ZETTIE M V. BORG WARNER CORPORATION BY ITS
11-L-000481, ASBESTOS J 311

BENTLEY SAMMIE L V. AIR & LIQUID SYSTEMS CORPORATI
11-L-000855, ASBESTOS J 311

MCCLURE KAREN INDIVIDUALLY V. AIR & LIQUID SYSTEM CORPORATIO
12-L-000421, ASBESTOS J 311

Monday, May 13

9 a.m.

AUSTIN HAROLD L V. A W CHESTERTON INC
09-L-000435, ASBESTOS J 311

ANGELO MARK INDIVIDUALLY V. A W CHESTERTON INC
11-L-000601, ASBESTOS J 311

SPRAGUE SUZANNE INDIVIDUALLY V. A W CHESTERTON INC
11-L-001010, ASBESTOS J 311

ASHWORTH HOWARD C V. A W CHESTERTON INC
11-L-001178, ASBESTOS J 311

TAYLOR JOANN INDIVIDUALLY V. AMEREN ILLINOIS COMPANY
12-L-000041, ASBESTOS J 311

GREEN DONALD D V. A W CHESTERTON INC
11-L-000590, ASBESTOS J 311

FRIEDMAN PETER V. A O SMITH CORPORATION
09-L-001246, ASBESTOS J 311

PERAKSLIS THOMAS V. 3M CO FKA MINNESOTA MINING & M
11-L-001098, ASBESTOS J 311

DEMPSEY ARLENE Z V. ARMSTRONG INTERNATIONAL INC
10-L-000605, ASBESTOS J 311

LAMBERT STEPHANIE INDIVIDUALLY V. 3M COMPANY
10-L-000797, ASBESTOS J 311

DAVILA JASON INDIVIDUALLY V. A W CHESTERTON INC
11-L-000070, ASBESTOS J 311

AULT JOHNNIE INDIVIDUALLY V. A W CHESTERTON INC
11-L-000804, ASBESTOS J 311

COLBURN JOHN W V. A W CHESTERTON INC
11-L-000808, ASBESTOS J 311

CHAMLEE HELEN INDIVIDUALLY V. A W CHESTERTON INC
11-L-000833, ASBESTOS J 311

DEEDS DAVID A V. A W CHESTERTON INC
11-L-001025, ASBESTOS J 311

FORD WALTER V. A W CHESTERTON INC
11-L-001093, ASBESTOS J 311

EDWARDS JESSIE INDIVIDUALLY V. ACE HARDWARE CORPORATION
11-L-001210, ASBESTOS J 311

CLARK GEORGE J V. AMERICAN BOILER TANK & WELDING
11-L-001319, ASBESTOS J 311

ZIEGLER WILLIAM JR V. AAMCO FKA HENNESSY
11-L-001362, ASBESTOS J 311

MILES ROBERTA V. AMERICAN BILTRITE INC
11-L-001381, ASBESTOS J 311

BRANSON CATHY INDIVIDUALLY V. AMERICAN BILTRITE INC
12-L-000078, ASBESTOS J 311

ELISOFF LINDA INDIVIDUALLY V. AMERICAN BILTRITE INC
12-L-000100, ASBESTOS J 311

PHILLIPS CARMEN V. AMERICAN BILTRITE INC
12-L-000101, ASBESTOS J 311

WOLFERSTETTER ERNST V. AMERICAN BOILER TANK AND WELDI
12-L-000167, ASBESTOS J 311

OLSON RICHARD V. ALLIED INSULATION SUPPLY CO IN
12-L-000256, ASBESTOS J 311

COLLINS PATRICIA V. ALLIED CRANE INC
12-L-000996, ASBESTOS J 311

PEOTTER GLEN V. AFC HOLCROFT LLC
12-L-001222, ASBESTOS J 311

GLICK EVA J V. A W CHESTERTON INC
08-L-000884, ASBESTOS J 311

GARBRY MARK V. AO SMITH CORPORATION
09-L-001178, ASBESTOS J 311

LANDIS DENNIS V. ADVOCATE MINES LTD
09-L-001394, ASBESTOS J 311

COX TAMRON V. A W CHESTERTON INC
10-L-001210, ASBESTOS J 311

CAPPS JERRY INDIVIDUALLY V. A W CHESTERTON INC
11-L-000397, ASBESTOS J 311

ATTEBERRY WILLIAM D V. A W CHESTERTON INC
10-L-001078, ASBESTOS J 311

CAMPBELL FRED V. A W CHESTERTON INC
11-L-000864, ASBESTOS J 311

PELFRESNE ROBERT V. ACME INSULATIONS INC
11-L-001115, ASBESTOS J 311

BOISMIER MICHAEL V. AMERICAN BOILER TANK & WELDING
11-L-001275, ASBESTOS J 311

BASCON SHONA JEAN INDIVIDUALLY V. AECOM USA INC IND AND AS SUC/I
12-L-000143, ASBESTOS J 311

Gibbons

Madison County State’s Attorney Thomas Gibbons on Friday reacted to a suit filed by the American Federation of State, County and Municipal Employees (AFSCME) on behalf of a former employee, saying his office has been in continuous talks for months with the worker and his attorneys trying to resolve the matter.

AFSCME filed suit May 6 against Madison County and Gibbons over the failure to reinstate Andrew Kane to his former position as  secretary in the Felony Division, pursuant to an arbitrator’s Jan. 22 decision.

Gibbons said that Kane was terminated for alleged criminal conduct, including making threats toward other employees. He also allegedly engaged in racial discrimination, according to Gibbons.

Gibbons said the situation was “extremely serious” and that Kane’s conduct was “intolerable.”

Kane, 26, declined to comment on the reasons for his termination.

He said that the County could have challenged the arbitrator’s binding decision within 90 days. But by ignoring the deadline, Kane said taxpayers would suffer court costs and attorney’s fees incurred by AFSCME in order to have the award enforced.

The suit asks the Court to enforce the arbitration award by reinstating Kane, pay back pay and benefits with interest from Jan. 22 until the date of his reinstatement and pay the costs and fees associated with bringing the action. The position of “Secretary II” held by Kane pays approximately $35,000 annually.

He is represented by Melissa J. Auerbach of Cornfield and Feldman in Chicago, a firm that appears to exclusively represent labor unions.

Kane also said he was disturbed by the State’s Attorney office decision to ignore a collective bargaining agreement (CBA).

“The complete disregard of the collective bargaining agreement should be of great concern to all employees of Madison County bound by such agreement,” Kane said in an email message.

Gibbons said that his office is planning to schedule mediation in the matter.

He also said the County has a good working relationship with AFSCME.

“We have a great deal of respect…and certainly we will honor the collective bargaining agreement.”

Akin

A legal reform advocate was in O’Fallon Friday speaking to a conservative group on issues ranging from lawsuit lending legislation to the reputation of the courts in Madison and St. Clair counties.

Travis Akin, executive director of Illinois Lawsuit Abuse Watch, indicated that the most significant legal reform topic currently under consideration in Springfield has to do with regulating the lawsuit lending industry.

A hearing on two competing proposals was held last month and both measures have since been referred to the House Rules Committee.

A bill supported by business interests, including the Illinois Chamber of Commerce, seeks to cap the annual percentage rate that financiers can charge consumers at 36 percent. On the flip side, an industry bill would allow financiers to charge 36 percent “plus a deferment fee not to exceed 3 percent for each month the funding is outstanding with compounding to occur no more often than monthly.”

Akin said the finance industry’s measure could cost consumers up to 200 percent in interest.

Because of “exorbitant” charges, he said that consumers can sometimes end up owing more to lenders than what is initially offered in settlement of a case.

“Sometimes there is not enough to cover litigation costs,” he said.

“Everybody’s got to get paid.”

He said settlement costs are driven up if a consumer has to continue to pursue litigation in order to “have something to show for it.”

Akin also discussed his optimism for making Madison County “less of a hellhole” under the leadership of the court’s new Chief Judge Dave Hylla.

Hylla was elected to the spot by fellow circuit judges after Judge Ann Callis stepped down and announced her bid for Congress.

“Hylla has a good reputation and we are happy with his choice,” Akin said.

“Hopefully he will take up the mantel of reform. We really need judges to step it up making Madison County less of a hellhole.”

Akin cited the court’s asbestos docket as a primary reason for its reputation, saying that 25 percent of the nation’s entire caseload is filed in Madison County.

“That is not acceptable,” he said.

Akin’s presentation to the O’Fallon Pachyderm Club was followed by one from former State Rep. Paul Evans, an attorney in O’Fallon.

Armstrong

A local Constitution study club whose founder often is critical of federal government overreach may have been a target of the Internal Revenue Service in an unfolding scandal rocking the agency.

Tad Armstrong, who formed Earn It, Learn It or Lose It (ELL) to combat ignorance of laws and the legal system, wrote in a Facebook post on Monday that the IRS rejected the group’s application for tax exempt status in December 2011, a year after it was submitted.

He said ELL’s application was rejected “for no legitimate reason.”

The first ELL club started in Edwardsville in 2005. Following its success, more clubs – which study U.S. Supreme Court decisions – have formed in Glen Carbon, Granite City, Alton, Highland and one at Edwardsville High School.

Armstrong is an Edwardsville attorney and writer. He authored “It’s OK to say ‘God:’ Prelude to a Constitutional Renaissance,” and provides commentary for the St. Louis Post-Dispatch.

Leading up to the passage of the Affordable Health Care for America Act, or Obamacare, he frequently criticized the nationalization of health care.

In January 2010, Armstrong wrote a letter to the Record criticizing the Obama Administration.

“Over one million of this Nation’s soldiers surely did not die to enable us to voluntarily surrender the freedoms they preserved with that ultimate price,” he wrote. “Those freedoms are guaranteed in the Constitution and will be there for our descendants unless the answer to the question of ‘who cares’ is ‘no one.’

“That is what motivates me. I just cannot dishonor the blood of their free gift to me and mine by remaining silent while this Administration transforms our Country into something it was never intended to be.”

National news coverage on Monday has been dominated by the IRS controversy in which high level agency personnel acknowledged that conservative groups were targeted for special scrutiny when they applied for tax exempt status.

“I was and will continue to be critical of this out of control government that exceeds constitutional bounds with no thought to oaths taken to the American people,” Armstrong wrote in his Facebook posting.

“The IRS and this administration doesn’t want you to be educated on the Constitution,” Armstrong wrote. “All of you who have been sleeping, have you lost any rational concept of freedom?

“Me today, you tomorrow. Oh, and have you heard. The Justice Department is enforcing ‘speech codes’ on college campuses! Wake up! This isn’t the America We the People commissioned.”

Unsell

Plaintiff attorney Ed Unsell of East Alton has filed a motion to withdraw as counsel in a personal injury case against Daddie-O’s Nite Out and its bouncer William W. Walker over his client’s failure to communicate.

“The Plaintiff’s attorneys have made numerous attempts by telephone and mail to contact the Plaintiff,” states the May 10 motion. “That Plaintiff has failed and refused to contact his attorneys.”

But, defense attorney G. Robert Pritzker wants the court to deny Unsell’s request to withdraw because the plaintiff has allegedly fled the state and has not received proper service of notices or responded to discovery requests.

In the alternative, Pritzker wants the case dismissed for want of prosecution.

Plaintiff Bobby Barlow claims that he was punched in the face by Walker while trying to enter the Wood River bar on Jan. 8, 2012.

The suit, filed in January, also names the bar’s owners and liquor licensees, the Richard L. Campbell Trust, Richard L. Campbell and Brian Campbell, as defendants. Barlow says they improperly managed the premises by allowing a person with a violent history to work as a bouncer.

Pritzker wrote in his May 10 motion that it is necessary for Unsell to be constrained from withdrawal so he can receive notices, pleadings and orders, as well as to be “subject, jointly and severally, with the Plaintiff for the purposes of the sanctions sought…”

“…Plaintiff has absconded outside the state while under a felony arrest warrant of this Court and is unlikely to return to this state or provide accurate information as to his whereabouts…,” Pritzker wrote.

“The Plaintiff, throughout the history of this matter, has at all times willfully and contumaciously failed to prosecute this matter in a timely and expeditious manner, and for any number of reasons, can be expected to fail to prosecute this matter in  future.”

Pritzker also states that Walker has incurred “significant” fees and costs defending himself in the case brought in January by Barlow.

Daddie-O’s responded to the suit saying Walker used reasonable force to protect himself and other patrons of the bar from threat of physical harm posed by Barlow, and thus was legally justified in making contact with plaintiff.

According to Walker’s response, he claims he acted within the lawful course and scope of his duties as a doorman. He inflicted bodily harm on the plaintiff, while using “reasonable and appropriate force” on the plaintiff when he believed force was needed “to prevent imminent death or great bodily harm to himself or other patrons of the establishment.”

“The plaintiff was the aggressor in the violent altercation between the plaintiff and the defendant and is therefore barred from any recovery in this matter,” Walker’s response states.

The case has been re-assigned to Circuit Judge Dennis Ruth following the departure of Judge Ann Callis.

John P. Cunningham and Daniel G. Hasenstab of Brown & James in Belleville represent Daddie-O’s Nite Out, Richard L. Campbell Trust and Brian Campbell.

Madison County case number 13-L-22.

Stewart

The wife of a recently deceased Colorado man has filed suit against the operators of a trail where she claims her husband was operating his bike when he was struck by a car and killed.

Mary Beltz claims her husband, William Beltz, was riding his bike on a trail known as the Schoolhouse Trail near Illinois Route 111 and Horseshoe Lake Road in Madison County on May 12, 2012, when Ghio Viviano, who was driving south on Illinois Route 111 in his Chevrolet Lumina, struck him.

Mary Beltz blames the design of the trail and the intersecting road for contributing to her husband’s death.

“There were no traffic control signs placed on the MCT Schoolhouse Trail,” the suit filed May 2 in Madison County Circuit Court states. “Schoolhouse Trail has a turn in the intersection of Illinois Route 111 and Horseshoe Lake Road that requires bicyclists to slow or stop to negotiate the trail. Said turn requires bicyclists in the intersection, entering the intersection or following other bicyclists to slow to a stop or near stop in the middle of Illinois Route 111 and Horsehose Lake Road.”

Before his death, William Beltz suffered conscious pain and left his estate with funeral costs, the complaint says.

Because of her husband’s death, Mary Beltz lost his society, love, affection, care, attention, companionship, comfort, guidance and financial support, the complaint says.

She blames the Madison County Mass Transit District, which owns the trail, and the Agency for Community Transit Board, whose employees provide upkeep on the trail, for wrongful death, saying they negligently failed to provide appropriate signs to warn of the intersection, failed to provide a stop sign for anyone using the trail and failed to warn of a dangerous turn in the trail.

Mary Beltz also names Oates Associates, which designed the trail, as a defendant, saying it negligently failed to incorporate properly situated signs in its design, failed to supervise the appropriate placement of signs along the trail, failed to place signs to warn bicyclists of an approaching dangerous intersection, failed to place a stop sign on the trail before the intersection, failed to warn of a dangerous turn in the trail and failed to design a trail that did not require a dangerous turn in it.

In her complaint, Mary Beltz is seeking a judgment of more than $400,000, plus costs.

She will be represented by G. Michael Stewart of Simmons, Browder, Gianaris, Angelides and Barnerd in Alton.

Madison County Circuit Court case number: 13-L-692.

Cain

A hearing on a defense motion to dismiss a proposed class action lawsuit against SIM Properties of Edwardsville has been reset to May 31.

Plaintiffs Ronald and Dorothy Jones sued SIM Properties and its employee Idrees Muhammad in January claiming their home in the 600 block of Chapman Street in Edwardsville had been entered into without their consent and their possessions had been unlawfully removed.

In addition, the Joneses, individually and on behalf of other SIM tenants, accuse the company of unlawful penalty after it charged them $5 per day in late fees.

They are represented by Peter J. Maag and Thomas G. Maag of Wood River and Brian Wendler of Edwardsville.

SIM Properties, represented by Jeffery A. Cain of Freeark, Harvey & Mendillo in Belleville, filed a motion to dismiss March 21, stating the complaint fails to identify by location or address the “residential property” allegedly involved. SIM also says the complaint fails to contain a plain and concise statement as to whether the plaintiffs are attempting to state a cause of action for trespass to personal property or real property.

The case is assigned to Madison County Circuit Judge William Mudge.

Madison County Circuit Court Case No. 13-L-161

Powell

Lowe’s is denying negligence in a suit brought by a man who claims falling lumber caused him permanent injuries.

John S. Clark filed a personal injury suit against Lowe’s Companies Inc. in Madison County Circuit Court in February.

The incident complained about allegedly happened in May 2012 while Clark was shopping at the Lowe’s on Homer Adams Parkway, according to the complaint. As he tried to move a single six-foot fence panel from a stack of nearly two dozen, Clark says the entire stack of lumber fell on top of him.

He claims that falling fence panels caused him to receive permanent injuries to his neck, shoulder, back and leg. He is asking to be awarded more than $50,000 in damages for medical expenses and lost wages.

In its May 7 answer to the complaint, Lowe’s states that if Clark sustained any injury it was caused in whole or in part by his contributory negligence “so as to bar any recovery herein.”

Clark responded to Lowe’s answer on May 13, denying the company’s affirmative defenses.

Attorney Bob L. Perica with the Perica Law Firm in Wood River represents Clark.

Gordon Broom and Benjamin W. Powell of HeplerBroom in Edwardsville represent Lowe’s.

Madison County Circuit Court Case No. 13-L-208