Date: 08-18-2016

Case Style:

Case Number: 15 L 000038

Judge: Not Available

Court: Circuit Court, Champaign County, Illinois

Plaintiff's Attorney:

James Hagle

Jeff Frederick

and

Aaron D. Lauter

Defendant's Attorney:

Marc Ansel

Alyx Parker

Description: Urbana, IL - Patricia Marxmiller and Ken Marxmiller sued Seth Smith on an auto negligence theory and the Champaign-Urbana Mass Transit District on governmental tort claim respondeat superior theory claiming to have been injured and/or damaged in a bus pedestrian accident in Champaign County caused by a MTD driver. Mrs. Marxmiller lot both of her legs as a result of the injuries to her legs caused by being hit by the bus. the accident occurred on February 25, 2015. She claimed that she was in a cross walk and had the right-of-way when the bus hit her.

Mr. Marxmiller sought compensation for loss of consortium.

The MTD claimed that Mrs. Marxmiller walked into the side of the bus and was the cause of her own injuries.

Docket Information:

03-04-15 Tort - Money Damages
Tort for money damages complaint on file by petitioners attorney
Jeffrey D. Frederick.
Jury of 12 requested
Affidavit in Support of Complaint on file.
Created and properly labeled court case file.
03-06-15
Summons Served CCSO
Summons served on Seth Stevens by Champaign County Sheriff's Office on
March 05, 2015 on file.
Summons not served by CCSO
Summons Not served on Champaign Urbana Mass Transit District by
Champaign County Sheriff's Office on March 05, 2015 on file.
Defendant's Emergency Motion for an Order Regarding Pre-Trial and
Trial Publicity on file by Defendant's Attorney Marc Ansel
03-09-15 Motion allotted for hearing to
Plaintiff's Response to Defendant's Emergency Motion for and Order
Regarding Pre-Trial and Trial Publicity on file by Plaintiff's
Attorney Aaron Lauter
03-10-15 Notice of Hearing on file by Defendant's Attorney Ansel Law.
Counter Claim/New filing fee
Petition to Intervene on file by The News-Gazette, Inc. by its
attorney Traci E. Nally.

Plaintiff appears by J. Hagle and Ryan Keating. Defendants appear by
M.Ansel and Mr. Parker. Appearance of Ms. Nally on behalf of the
News-Gazette Petition to intervene. Court notes the Petition to
Intervene filed this date. Intervener News-Gazette Inc. is allowed to
intervene for limited purpose of objecting to Defendants' emergency
motion for an order regarding pre-trial and trial publicity. Motion
considered. Over objection by intervener Stipulation Regarding
Pre-Trial and Trial Publicity and Order Regarding Pre-Trial and Trial
Publicity entered.
Stipulation Regarding Pre-Trial and Trial Publicity on file
Order Regarding Pre-Trial and Trial Publicity on file
03-12-15 Alias Summons
Subpoena for Deposition for Discovery of Documents on file
Notice of Subpoena on file
03-16-15 Alias Summons served by CCSO.
Alias Summons served on Champaign Urbana Mass Transit District by
Champaign County Sheriff's Office on March 14, 2015 on file.
03-19-15 Notice of Subpoena on file
Certificate of service on file.
04-06-15 Defendants' Motion to Strike and Dismiss Paragraph 12 of Counts I, II,
III & IV and Paragraph 11 of Counts V & VI of Plainiffs' Complaint
with Incorporated Memorandum of Law on file by Defendant's Attorney
Marc Ansel
Memorandum in Support of Defendant Champaign-Urbana Mass Transit
District's Section 2-619(a)(9) Motion to Dismiss Counts V and VI of
Plaintiffs' Complaint on file by Defendant's Attorney Marc Ansel
Defendant Champaign - Urbana Mass Transit District's Section 2-619 (a)
(9) Motion to Dismiss Counts V and VI of Plaintiffs' Complaint on file
by Defendant's Attorney Marc Ansel
Answer on file by Defendant's Attorney Marc Ansel
04-14-15 Plaintiff's Response to Defendants' Motion to Strike and Dismiss
Paragraph 12 of Counts I, II, III & IV and Paragraph 11 of Counts V &
VI of Plaintiffs' Complaint on file by Plaintiff's Attorney James
Hagle
Plaintiffs' Memoradum at Law in Support of Their Response to
Defendant Champaign-Urbana Mass Transit District Section 2-619(a)(9)
Motion to Dismiss Count V and VI of Plaintiff's Complaint on file by
Plaintiff's Attorney James Hagle
Plaintiffs' Response to Defendant, Champaign-Urbana Mass Transit
Distric'st Section 2-619(a)(9) Motion to Dismiss Count V and VI of
Plaintiff's Complaint on file by Plaintiff's Attorney James Hagle
Plaintiffs' Memorandum of Law in Support of Their Reply to the
Affirmative Defenses of the Defendants on file by Plaintiff's Attorney
James Hagle
Plaintiffs' Reply to Affirmative Defensesof Defendants as to Counts I,
II, III and IV on file by Plaintiff's Attorney James Hagle
Plaintiff's Memorandum of Law in Support of Their Response to
Defendants' Motion to Strike Paragraphs 9, 11(g) and 11(h) of Counts
I, II, III and IV of Plaintiff's Complaint on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Response to Defendants' Motion to Strike Paragraphs 9, 11g
and 11h of Counts I, II, III and IV of Plaintiff's Complaint on file
by Plaintiff's Attorney James Hagle
04-16-15
The motion of the Defendants to strike and dismiss is set to be heard
on 5/29/15 at 10:00 a.m. in Courtroom H. The Plaintiffs are to file
any materials in opposition to the motion, including a memorandum of
law and deliver a copy to the Court at its chambers no later than
5/8/15. The Defendants are to file any reply no later than 5/22/15. A
failure to comply with the foregoing order by movant will result in
the Court's treating the motion as withdrawn. A failure to comply with
foregoing order by the party against whom the motion is directed will
result in the Court's granting the motion as confessed.

Court notes Plaintiff's responses to defendant's motions, and
plaintiff's Motion to Strike Certain Affirmative Defenses. Said motion
is also set to be heard 5/29/15 at 10:00 am in courtroom H.
Defendant's response to same is due by 5/8/15; any reply is due
5/22/15. Parties notified of this setting by e-mail this date.
04-17-15 Letter regarding briefing schedule on file.
05-04-15 Plaintiff's Motion to Compel on file by Plaintiff's Attorney James
Hagle
05-11-15 Defendants' Opposition to Plaintiffs' Motion to Strike Defendants'
Affirmative Defenses to Counts I, II, III & IV on file by Defendant's
Attorney Alyx Parker
05-14-15 Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion to
Strike Defendants' Affirmative Defenses to Counts I, II, III, IV on
file by Plaintiffs, by Attorneys, Frederick and Hagle.
Notice of Video Discovery Deposition on file.
Notice of Hearing filed.
Notice of Video Discovery Deposition on file.
05-26-15 Notice of Rule 204 Subpoena for Documents on file
Defendant CUMTS's Reply to Plaintiff's Opposition to Defendant CUMTP's
Section 2-619(a)(9) Motion for Involuntary Dismissal Counts V and VI
of Plaintiff's Complaints on file by Defendant's Attorney Marc Ansel
Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion to
Strike and Dismiss Paragraph 12 of Counts I,II,III & IV and Paragraph
11 of Counts V & VI of Plaintiffs' Complaint on file by Defendant's
Attorney Marc Ansel
Certificate of service on file.
05-29-15
Plaintiffs appear by James Hagle, Jeff Frederick and Aaron Lauter.
Defendants appear by Marc Ansel and Alyx Parker. Cause called for
hearing on Motion to Compel. Defendants ordered to comply with any
outstanding written discovery within 7 days. Cause called for hearing
on Defendant's motion to strike the specific reference to dollar
amount in paragraph 12 of counts 1, 2, 3 and 4 and paragraph 11 of
counts 5, 6. Arguments of counsel heard. Motion allowed. Motion to
dismiss count 5 and 6 pursuant to 2-619 is allowed. The Court notes,
and Defendants acknowledge that plaintiffs have denied each and every
allegation on affirmative defenses. Plaintiffs allowed by
interlineation to amend complaint to the extent that 2 legs are
amputated instead of one. Cause is continued for a case management
conference on 6/18/15 at 11:00 am in courtroom H.
06-05-15 Media Coordinator's Notice of Requests for Extended Media Coverage
Of Trial/Proceeding on file
Certificate of service on file.
06-08-15 Notice of Video Discovery Deposition on file
06-10-15 Plaintiffs' Second Motion to Compel on file by Plaintiff's Attorney
James Hagle
Defendants' Objection to News Media Request for Extended Coverage of
June 18, 2015 Case Management Conference on file by Defendant's
Attorney Marc Ansel
Certificate of service on file.
Certificate of service on file.
06-12-15 Copies & Certified Copies
06-15-15
Court notes the Media Coordinator's Notice of Requests for Extended
Media Coverage of Trial/Proceeding dated 6/5/15, and the Request for
Media Credentials. Court further notes the defendants' objection to
same with regard to the hearing set for 6/18/15. The court finds that
no just reason exists to deny the media request, and that the
interests of justice and the public are best served by allowing such
coverage as the media deems fit to provide. Accordingly, the
objection of the defendants is overruled and the request of 6/5/15
allowed. Media credentials provided to Rick Danzel, Heather Coit, John
Dixon, Tim Ditman, Michael Kiser, and Carol Vorel. Parties and the
media coordinator notified of the court's action by email this date.
Letter entered.
E-mail on file.
06-17-15 Pursuant to Supreme Court Rule 218 on file
Notice of Hearing filed.
06-18-15
Appearance of the Plaintiff by J. Hagle and Aaron Lauter. Appearance
of the Defendant by Marc Ansel and Alyx Parker. Cause called for
hearing on Plaintiff's second motion to compel. Arguments of counsel
heard. Objections sustained as to Plaintiff's request to produce as
to the MTD #15 16, 40, 41,42 and 51 and #27 and #10 as to Mr. Stevens.
10By agreement of the parties, cause is allotted for August 2016 jury
term. Estimated length of trial is 7 days days. Cause is set for
Final Pre-Trial on 8/3/16 at 1:30 p.m. in Courtroom H. Plaintiff to
disclose Rule 213 Lay Witnesses by 10/1/15 and Rule 213 Expert
Witnesses by 10/1/15. Defendant to disclose Rule 213 Lay Witnesses by
3/1/16 and Rule 213 Expert Witnesses by 3/1/16. All Rebuttal Witnesses
to be disclosed by 5/2/16. This case is on the PRIORITY calendar.
Written Order Pursuant to Supreme Court Rule 218 entered. SEE ORDER. A
copy of order provided to all parties in open Court.
Defendants' Opposition to Plaintiffs' Second Motion to Compel on file
By Defendant's Attorney Marc Ansel
Notice of Video Discovery Deposition on file
Notice of Video Discovery Deposition on file
Notice of Video Discovery Deposition on file
06-22-15 Motion to Reconsider Court's Order of June 18, 2015 or in the
Alternative, Motion for 308(a) Finding on file by Plaintiff's Attorney
Aaron Lauter
Memorandum of Law in Support of Plaintiff's Motion to Reconsider the
Court's Order of June 18, 2015 or, in the Alternative, Motion for
308(a) Finding on file by Plaintiff's Attorney Aaron Lauter
Certificate of service on file.
06-23-15 Written Order Pursuant to Illinois Supreme Court Rule 218 on file
Cause allotted for hearing on
06-25-15 Certificate of service on file.
Notice of Hearing filed.
06-26-15
Plaintiff appears by J.Hagle, Jeff Frederick and Aaron Lauter.
Defendant appears by Marc Ansel and Alyx Parker. Cause called for
hearing on Plaintiff's Motion to Reconsider Court's Order of June 18,
2015 or, in the alternative Motion for 308(a) finding. Arguments of
counsel heard. Motion is denied. Plaintiff's allowed to withdraw the
pending motion for 308(a) finding with leave to refile. Court requests
transcript of the entire 6/26/15 hearing with copies to the Plaintiff
and Defendants attorney.
06-29-15 Notice of Rule 204 Subpoena for Documents on file
07-08-15 Defendants' Opposition to Plaintiffs' Motion to Reconsider Court's
Order of June 18, 2015 or, in the Alternative, Motion for 308(a)
Finding on file by Defendants by Attorneys Ansel Law, Ltd.
Notice of Video Discovery Deposition on file
Amended Notice of Video Discovery Deposition on file
07-10-15 Notice of Video Discovery Depsition on file
Notice of Video Deposition on file
Notice of Video Discovery Deposition on file
Notice of Vidoe Discovery Deposition on file
Notice of Video Discovery Deposition on file
Notice of Video Discovery Depsition on file
07-22-15 Amended Notice of Video Discovery Deposition on file
07-30-15 Amended Notice of Video Deposition on file
Second Amended Notice of Video Discovery Deposition on file
Notice of Video Discovery Deposition on file
08-05-15 Defendant's Motion for Protective Order Re Discovery of Independent
Expert on file by Defendant's Attorney Marc Ansel
08-06-15 Motion allotted for hearing to
Notice of Video Discovery Deposition on file
Notice of Video Discovery Deposition on file
Notice of Video Discovery Deposition on file
08-10-15 Response to Defenants' Motion for Protective Order Re: Discovery
Deposition of Independent Expert on file by Plaintiff's Attorney James
Hagle
Notice of Hearing filed.
08-12-15 Amended Notice of Video Discovery Deposition on file
Amended Notice of Video Discovery Deposition on file
Amended Notice of Video Discovery Deposition on file
Amended Notice of Video Discovery Deposition on file
Certificate of service on file.
08-18-15 Amended Notice of Video Discovery Deposition on file
08-21-15
Plaintiff appears by J.Hagle and A.Lauter. Defendant appears by Mr.
Ansel. Cause called for hearing on motion for protective order.
Arguments of counsel heard. Court finds that Defendant should be
allowed to reserve questions about Detective Bednarz's expert opinion
and conclusions until plaintiff deadline for disclosure. Court also
rules that should plaintiff disclose Bednarz as an (F)(2) witness
prior to his discovery deposition that no further protection order
will be required. No written order is required.
08-24-15 Certificate of service on file.
08-27-15 Plaintiffs' Third Motion to Compel on file by Plaintiff's Attorney
James Hagle
Plaintiff's Initial Disclosure of 213(f)(2) Witness Detective James
Bednarz on file by Plaintiff's Attorney James Hagle
09-15-15 Motion allotted for hearing to
09-16-15 Notice of Hearing filed.
10-01-15 Plaintiffs 213(f)(1), (2) and (3) Disclosure on file by Plaintiff's
Attorney James Hagle
10-05-15 Defendant Champaign-Urbana Mass Transit District's Opposition to
Plaintiffs' Third Motion to Compel on file by Defendant's Attorney
Marc Ansel
Subpoena for Deposition on file
10-13-15
Plaintiff appears by James Hagle and Aaron Lauter. Defendant appears
by Marc Ansel. Cause called for hearing on Motion to compel.
Arguments of counsel heard. Motion is allowed. Defendant to answer
Supplemental interrogatories #1, consistant with with the court's
ruling this date, within 14 days. No written order is required.
10-16-15 Notice of Discovery Deposition on file
10-27-15 Amended Subpoena for Deposition on file
Second Amended Notice of video Discovery Deposition on file
10-29-15 Certificate of service on file.
Notice of Discovery Deposition on file
10-30-15 Notice of Discovery Deposition on file
Notice of Discovery Deposition on file
11-02-15 Notice of Discovery Deposition on file
11-05-15 Notice of Discovery Deposition on file
11-12-15 Notice of Discovery Deposition on file
11-16-15 Notice of Discovery Deposition on file
Notice of Discovery Deposition on file
Amended Notice of Discovery Deposition on file
11-18-15 Certificate of service on file.
11-20-15 Certificate of service on file.
12-04-15 Rule 206(a)(2) Notice of Intent on file by Plaintiff's Attorney James
Hagle
Rule 206(a)(2) Notice of Intent on file
Rule 206(a)(2) Notice of Intent on file by Plaintiff's Attorney James
Hagle
Rule 206(a)(2) Notice of Intent on file by Plaintiff's Attorney James
Hagle
Rule 206(a)(2) Notice of Intent on file by Plaintiff's Attorney James
Hagle
12-07-15 Amended Notice of Discovery Deposition on file
12-14-15 Amended Notice of Discovery Depostion on file
Amended Notice of Discovery Deposition on file
12-21-15 Amended Notice of Discovery Deposition on file
12-28-15 Second Amended Notice of Discovery Deposition on file
12-31-15 Certificate of service on file.
01-08-16 Amended Notice of Discovery Deposition on file
01-13-16
Conference call with Mr. Hagle and Mr. Parker. Court notes the Motion
to Issue Discovery Deposition Upon Physician. No objection in
principle by plaintiff. Counsel state they will contact the court
should they not reach an accommodation with counsel for Dr. Bernstein.
Notice of Discovery Deposition on file
01-14-16 Motion to Issue Discovery Deposition Subpoena Upon Physician
On file by Defendant's Attorney Alyx Parker
Amended Rule 206(a)(2) Notice of Intent on file
Rule 206(a)(2) Notice of Intent on file
Second AmendednNotice of Discovery Deposition on file
01-19-16 Notice of Discovery Deposition on file
01-21-16 Second Amended Rule 206(a)(2) Notice of Intent on file
Rule 206(a)(2) Notice of Intent on file
01-22-16 Amended Notice of Discovery Deposition on file
01-29-16 Amended Notice of Discovery Deposition on file
02-25-16 Third Amended Notice of Discovery Deposition on file
02-29-16 Amended Notice of Discovery Deposition on file
03-03-16 Defendants' Trial Witness Disclosure on file by Defendant's
Attorney Marc Ansel
03-04-16 Amended Rule 206(a)(2) Notice of Intent on file
Third Amended Rule 206(a)(2) Notice of Intent on file
03-14-16 Plaintiff's Motion to Strike Certain Lay Witness Disclosure on file by
Plaintiff's Attorney James Hagle
Plaintiffs' Fourth Motion to Compel on file by Plaintiff's Attorney
James Hagle
Notice of Video Discovery Deposition on file
Notice of Video Discovery Deposition on file
Notice of Video Discovery Deposition on file
Notice of Video Supplemental Discovery Deposition on file
Certificate of service on file.
03-17-16
Phone conference with Mr. Hagle and Mr. Ansel. Hearing on plaintiff's
motion to strike and motion to compel allotted for 4/18/16 at 3:00 pm
in courtroom H. Defendant to respond to motions by 4/6/16. Any reply
due 4/14/16.
Supplemental Deposition Rider to John Meyer on file.
Supplemental Deposition Rider to David Curry on file.
Notice of Amended Video Supplemental Discovery Deposition on file.
03-21-16 Stipulation and Order to amend Case management order entered.
03-30-16 Notice of Evidence Deposition on file
04-01-16 Entry of appearance filed this date.
Notice fo Change of Attorney Address on file
04-06-16 Defendants' Response to Plaintiffs' Motion to Stike Certain Lay Witnes
Disclosure on file by Defendant's Attorney Marc Ansel
Defendants' Opposition to Plaintiffs' Fourth Motion to Compel
(CUMTD Internal Training Materials) on file by Defendant's Attorney
Marc Ansel
04-08-16 Motion to "Atuhorize" Issuance of Foreign Subpoena on file by
Defendant's Attorney Marc Ansel
Notice of Hearing filed
04-11-16 Certificate of service on file.
04-13-16 Trial Subpoena on file
04-14-16 Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion to
Strike Certain Lay Witness Disclosures (Part 1/2) on file.
Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion to
Strike Certain Lay Witness Disclosures (Part 2/2) on file.
Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Fourth
Motion to Compel on file by Plaintiff's Attorney James Hagle
04-18-16
Plaintiff appears by James Hagle and Aaron Lauter. Defendants appear
by Marc Ansel and Alyx Parker. Cause called for hearing on motion to
authorize foreign subpoena. No objection, Motion allowed. Order
authorizing issuance of subpoena for foreign state deposition entered.
SEE ORDER.
Cause called for hearing on Plaintiff's 4th Motion to Compel.
Arguments of counsel heard. Motion allowed. Defendant ordered to
produce the following within 14 days: answers to CU MTD
interrogatories 5,6 and 8; answers to Stevens interrogatories 21,22
and 23; production of documents requested of CU MTD in paragraphs
31,32,33 and 34; and the portion of Stevens' personnel pertaining to
training received from CU MTD.
Cause called for hearing on Plaintiff's Motion to Strike Certain Lay
Witness Disclosures. Arguments of counsel heard. Motion denied. Court
directs counsel for defendants to make witnesses Broga, Healea, Rank
and Gilman available for deposition at the earliest opportunity. Court
states it may entertain a future request to supplement plaintiff's
initial disclosure of witness O'Hearn.
Order Authorizing Issuance of Subpoena for Foreign State Deposition on
file.
04-25-16 Certificate of service on file.
04-26-16 Notice of Video Discovery Deposition on file
Amended Notice of Video Discovery Deposition on file
Notice of Second Amended Video Supplemental Discovery
Deposition on file
Notice of Video Discovery Deposition on file
Notice of Video Discovery Deposition on file
04-27-16 Certificate of service on file.
05-02-16 Order authorizing issuance of a supoena for foreign state deposition
05-03-16 Certificate of service on file.
Certificate of service on file.
Motion to Authorize Issuance of Foreign Subpoena on file
05-06-16 Plaintiffs' Motion for Sanctions for Defendants' Discovery Violations
On file by Plaintiff's Attorneys Frederick & Hagle
05-09-16
Phone conference with Mr. Hagle and Mr. Ansel. Cause allotted for
hearing on plaintiff's motion for sanctions to 5/17/16 at 1:30 pm in
courtroom H. Plaintiff's rebuttal disclosure deadline extended to
5/20/16.
05-10-16 Amended Notice of Evidence Deposition on file
05-13-16 Supplemental to Motion for Sanctions on file by Plaintiffs' Attorney,
James Hagle
05-16-16 Defendants' Opposition to Plaintiff's Motion for Sanctions for
Defendants' Discovery Violations on file by Defendant's Attorney Marc
Ansel
05-17-16
Plaintiff appears by Mr. Hagle and Mr. Lauter. Defendant appears by
Mr. Ansel and Mr. Parker. Cause called for hearing on plaintiff's
motion for sanctions. Arguments of counsel heard. Motion for sanctions
is denied. No written order is required.
05-19-16 Plaintiff's Rebuttal Disclosure on file by Plaintiff's Attorney James
Hagle
05-20-16 Certificate of service on file.
Certificate of service on file.
05-23-16 Ansel Law Ltd.'s Motion to Withdraw as counsel is allowed.
Order on Motion to Withdraw entered. See Order.
Order on Motion to Withdraw on file.
05-31-16 Subpoena Served.
Subpoena served on Dr. Jeffrey Low on May 26, 2016 by Champaign County
Sheriff's Office on file.
Subpoena Served.
Subpoena served on Dr. Jonathan Bailey on May 26, 2016 by Champaign
County Sheriff's Office on file.
Subpoena Served.
Subpoena served on Dr. Sanjiv Jain on May 26, 2016 by Champaign County
Sheriff's Office on file.
Subpoena Served.
Subpoena served on Dr. Derek Wall on May 26, 2016 by Champaign County
Sheriff's Office on file.
Subpoena Served.
Subpoena served on Dr. Natasha Luckey on May 26, 2016 by Champaign
County Sheriff's Office on file.
Subpoena Served.
Subpoena served on Stacey Copeland on May 26, 2016 by Champaign County
Sheriff's Office on file.
Subpoena Served.
Subpoena served on Dr. Avis Bernstein on May 26, 2016 by Champaign
County Sheriff's Office on file.
Subpoena Served.
Subpoena served on Michelle Wright on May 27, 2016 by Champaign County
Sheriff's Office on file.
Subpoena Served.
Subpoena served on Douglas Griffith on May 27, 2016 by Champaign
County Sheriff's Office on file.
06-02-16 Subpoena Served. No Fees.
Subpoena Served. No Fees.
Subpoena Served. No Fees.
Subpoena Served. No Fees.
Subpoena Served. No Fees.
Subpoena Served. No Fees.
Subpoena Served. No Fees.
Subpoena Served. No Fees.
Subpoena Served. No Fees.
06-03-16 Subpoena Served. No Fees.
Subpoena served on Gary Blurton on June 02, 2016 by the Champaign
County Sheriff's Office on file.
Subpoena Served. No Fees.
Subpoena served on James Holdren on June 02, 2016 by the Champaign
County Sheriff's Office on file.
Subpoena Served. No Fees.
Subpoena served on officer Shane Stanifer on June 02, 2016 by the
Champaign County Sheriff's Office on file.
Subpoena Served. No Fees.
Subpoena served on Nancy Cribbett on June 02, 2016 by the Champaign
County Sheriff's Office on file.
Subpoena Served. No Fees.
Subpoena served on Dawn Ragona on June 02, 2016 by the Champaign
County Sheriff's Office on file.
Subpoena Served. No Fees.
Subpoena served on Beverly Roland on June 02, 2016 by the Champaign
County Sheriff's Office on file.
Subpoena Served. No Fees.
Subpoena served on James Bendnarz on June 02, 2016 by the Champaign
County Sheriff's Office on file.
Subpoena Served. No Fees.
Subpoena served on Tiffany De La Cruz on June 02, 2016 by the
Champaign County Sheriff's Office on file.
Request to Admit Facts on file by Plaintiff's Attorney Aaron
Lauter
06-06-16 Notice to Appear and Produce at Trial Pursuant to Supreme Court Rule
237 on file
06-10-16 Discovery Depositon on January 6, 2016 of Patricia
Marxmiller on file
Discovery Deposition on January 15, 2016 of Michael O'Hern
On file
Discovery Deposition on February 9, 2016 of Kenneth
Marxmiller on file
Video Discovery Deposition on April 13, 2016 of John Meyer on file
Video Discovery Deposition on April 19, 2016 of David Curry on file
Video Discovery Deposition on Jaunary 21, 2016 of Dr. Jeffery Low
On file
Dicovery Deposition on November 5, 2015 on John Fabian on file
Videotaped Discovery Deposition on August 2, 2015 of James
Bednarz on file
Videotaped Discovery Deposition on July 8, 2015 of Seth Stevens
On file
Videotaped Discovery Deposition on June 16, 2015 of Berverly Roland
On file
06-13-16 Subpoena served. Service Fee $41.00
Subpoena served on Nancy Cribbett. By Champaign county sheriffs
office.
Subpoena served. Service Fee $41.00
Subpoena Served on Beverly E. Roland.
Subpoena served. Service Fee $41.00
Subpoena Served on Dawn L. Ragona by Champaign County Sheriffs
Department.
Subpoena served. Service Fee $41.00
Subpoena Served on Gary Blurton by Champaign County Sheriffs Office.
Subpoena served. Service Fee $41.00
Subpoena Served on Shane Stanifer by Champaign County Sheriffs Office.
Subpoena served. Service Fee $41.00
Subpoena Served on James Bednarz by Champaign County Sheriff's Office.
Subpoena served. Service Fee $41.00
Subpoena served on Gerv Pandey by Champaign County Sheriff's Office.
Subpoena served. Service Fee $41.00
Subpoena Served on Tiffany De Le Cruz by Champaign County Sheriff's
office.
Subpoena served. Service Fee $41.00
Subpoena Served on James Holdren by Champaign County Sheriff's Office.
06-15-16
Phone conference with Mr. Hagle and the office of Mr. Ansel. Cause
allotted for Rule 218 pre-trial conference on 7/11/16 at 1:30 pm in
courtroom H.
06-16-16 Certificate of service on file.
Certificate of service on file.
Certificate of service on file.
Defendants' Motion to File Amended Answer on file by
Defendant's Attorney Marc Ansel
Memorandum in Support of Defendants' Motion for Summary Determination
Of a Major Issue - Contributory Negligence on file by Defendant's
Attorney Marc Ansel
Defendants' Motion for Summary Determination of a Major Issue -
Contribution Negligence on file by Defendant's Attorney Marc Ansel
06-17-16
The motion of the Defendant for partial summary judgment is set to be
heard on 7/29/16 at 10:30 am in Courtroom H. The Plaintiffs are to
file any materials in opposition to the motion, including a memorandum
of law and deliver a copy to the Court at its chambers no later than
7/8/16. The Defendants are to file any reply no later than 7/22/16. A
failure to comply with the foregoing order by movant will result in
the Court's treating the motion as withdrawn. A failure to comply with
foregoing order by the party against whom the motion is directed will
result in the Court's granting the motion as confessed.
Correspondence to Counsel from Court on file.
06-21-16
The motion of the Plaintiff's motion for summary judgment is set to be
heard on 7/29/16 at 10:30 am in Courtroom H. The Defendant is to file
any materials in opposition to the motion, including a memorandum of
law and deliver a copy to the Court at its chambers no later than
7/8/16. The Plaintiff is to file any reply no later than 7/22/16. A
failure to comply with the foregoing order by movant will result in
the Court's treating the motion as withdrawn. A failure to comply with
foregoing order by the party against whom the motion is directed will
result in the Court's granting the motion as confessed. Letter to
counsel regarding Briefing schedule entered this date.
Plaintiffs' Memorandum of Law in Support of their Motion for
Summary Judgment on file by Plaintiff's Attorney James Hagle
Plaintiffs' Motion for Summary Judgment on file by Plaintiff's
Attorney James Hagle
Notice of Filing Discovery Deposition on file by Plaintiff's
Attorney James Hagle
Certificate of service on file.
Subpoena not served on Tim Apperson by CCSO
Correspondence to Counsel from Court on file.
06-24-16 Plaintiffs' Motion for Leave for Plaintiff's Reconstruction to Offer
Disclosed Opinions During Case in Chief Testimony on file by
Plaintiff's Attorney James Hagle
Plaintiffs' Motion for Summary Judgment With Incorporated
Memorandum of Law Regarding Affirmative Defense of the Defendants on
file by Plaintiff's Attorney James Hagle
Plaintiffs' Motion for Pretiral Determination that the Deposition
Testimony of Seth Stevens is an Admission against Defendant,
Champaign-Urbana Mass Transit District on file by Plaintiff's Attorney
James Hagle
06-27-16 Stipulation Regarding Sealing Court Record on file.
06-28-16 Order Regarding Sealing Court Record on file. SEE ORDER.
06-29-16 Subpoena served. Service Fee $41.00
Subpoena Served on Dr. Victor Escobar by Champaign County Sheriff's
office.
07-01-16 Certificate of service on file.
Motion in Limine Regarding Plaintiffs' Animations on file by
Defendant's Attorney Marc Ansel
07-05-16
On court's own motion Order regarding Sealing Court Record filed
6/28/16 vacated. Counsel advised of the court's action 7/5/16 by
conference call.
Notice of Video Evidence Deposition on file
Subpoena served. Service Fee $41.00
Subpoena served on Dr. Victor Escobar.
07-07-16 Created and properly labeled court case file.
07-08-16 Plaintiffs' Objection to Defendants' Disclosure of Photographes
On file by Plaintiff's Attorney James Hagle
Plaintiffs' Fifith Motion to Compel on file by Plaintiff's Attorney
James Hagle
Plaintiff's Response to Defendants' Motion for Summary
Determination of a Major Issue - Contributory Negligence on file by
Plaintiff's Attorney James Hagle
Plaintiffs' Response to Defendants' Motion to File Amended Answer
On file by Plaintiff's Attorney James Hagle
Plaintiffs' Motion to Take Judicial Notice and Admit Life Expectancy
Table on file by Plaintiff's Attorney James Hagle
Defendants' Opposition to Plaintiffs' Motion for Pretrial
Determination that Deposition Testimony of Seth Stevens in as
Admission against Defendant CUMTD on file by Defendant's Attorney Marc
Ansel
Defendants' Opposition to Plaintiffs' Motion for Summary Judgment
Regarding Affirmative Defenses on file by Defendant's Attorney Marc
Ansel
Defendants' Opposition to Plaintiffs' Motion for Leave for Plaintiffs'
Reconstructionist to Offer Disclosed Opinions During Case-in-Chief
Testimony on file by Defendant's Attorney Marc Ansel
Defendants' Opposition to Plaintiffs' Motion for Summary Judgment as
To Defendants' Negligence on file by Defendant's Attorney Marc Ansel
07-11-16 Plaintiffs' Reply to Defendants Opposition to Plaintiffs' Motion for a
Pretrial Determination that the Deposition Testimony of Seth Stevens
is an Admission Against Defendant Champaign-Urbana Mass Transit
District

Plaintiffs appear by James Hagle, Jefferey Frederick and Aaron Lauter.
Defendant appears by Marc Ansel and Alyx Parker. Cause called for
hearing on various motions. Motion in Limine filed on 7/1/16 is
Denied. Plaintiffs' motion for leave for plaintiffs'
Reconstructionist to offer disclosed opinions during case in chief
testimony is denied. Plaintiffs' motion for pretrial determination
that the deposition testimony of Seth Stevens is an admission against
defendant, Champaign-Urbana Mass Transit District is allowed over
objection. Plaintiffs' fifth motion to compel is allowed. Defendant
ordered to provide hard copy within 2 days. Defendants' motion to file
amended answer is allowed over objection. Plaintiffs' objection to
Defendants' disclosure of Photographs is overruled. Plaintiffs' motion
to take judicial notice and admit life expectancy table is allowed.
Amended Answer on file by Counsel for Defendants.
07-14-16 Notice of Filing Discovery Deposition on file.
07-18-16 Defendant's Motion in Limine -- Miscellaneous Issues on file by
Defendants' Attorneys, Meyer Capel, P.C.
07-19-16 Subpoena for Trial on file
07-22-16 Rule 212(c) Motion to Play Additional Portions of the Deposition of
Seth Stevens on file by Defendants' Attorney, Marc Ansel
Defendants' Reply Memorandum in Support of their Motion for Summary
Determination of a Major Issue - Contributory Negligence on file by
Defendants' Attorney, Marc Ansel
Plaintiff's Reply to Defendants' Opposition to Plaintiffs' Motion for
Summary Judgment on the Affirmative Defense Contributory Negligence on
file by Plaintiffs' Attorney, James Hagle
Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for
Summary Judgment as to Defendants' Negligence on file by Plaintiffs'
Attorney, James Hagle
Certificate of service on file.
07-25-16 Certificate of service on file.
Plaintiff's Fifteenth Motion in Limine on file by Plaintiffs'
Attorney, James Hagle
Plaintiffs' Fourteenth Motion in Limine on file by Plaintiffs'
Attorney, James Hagle
Plaintiff's Thirteenth Motion in Limine on file by Plaintiffs'
Attorney, James Hagle
Plaintiffs' Twelfth Motion in Limine on file by Plaintiffs'
Attorney, James Hagle
Plaintiffs' Eleventh Motion in Limine on file by Plaintiffs' Attorney,
James Hagle
Plaintiffs' Tenth Motion in Limine on file by Plaintiffs' Attorney,
James Hagle
Plaintiffs' Ninth Motion in Limine to Bar Certain Opinions of
Defendant's Purported Human Factor Expert, David Curry on file by
Plaintiffs' Attorney, James Hagle
Plaintiffs' Eighth Motion in Limine on file by Plaintiffs' Attorney,
James Hagle
Plaintiffs' Seventh Motion in Limine on file by Plaintiffs' Attorney,
James Hagle
Plaintiffs' Sixth Motion in Limine on file by Plaintiffs' Attorney,
James Hagle
Plaintiffs' Fifth Motion in Limine Regarding Seth Stevens' View on
file by Plaintiffs' Attorney, James Hagle
Plaintiffs' Fourth Motion in Limine Regarding Plaintiff's Unrelated
Medical Condition Following the Collision on file by Plaintiffs'
Attorney, James Hagle
Plaintiffs' Third Motion in Limine Regarding Plaintiff's Life
Expectancy on file by Plaintiffs' Attorney, James Hagle
Plaintiffs' Second Motion in Limine Regarding Patricia J.
Marxmiller's Unrelated Medical Conditions on file by Plaintiffs'
Attorney, James Hagle
Plaintiffs' First Motion in Limine on file by Plaintiffs' Attorney,
James Hagle
Plaintiffs' Motion to Use Demonstrative and Substantive Evidence
Exhibits During Opening Statement on file by Plaintiffs' Attorney,
James Hagle
Memorandum in Support of Plaintifss' Motion for Use of Supplemental
Jury Questionnaire on file
Motion for Use of Supplemental Jury Questionaire on file by
Plaintiffs' Attorney, James Hagle
Plaintiffs' Motion to Pre-Trial Determination that the Deposition
Testimony of Defendant CU-MTD Employees are Admission as Against the
Defendant CU-MTD on file by Plaintiffs' Attorney, James Hagle
Plaintiffs' Motion to Publish Defendant's C-U MTD, Judicial Admisison
that Plaintiff was in Crosswalk on file by Plaintiffs' Attorney, James
Hagle
Plaintiffs' Motion to Amend Complaint and Jury Demand on file by
Plaintiffs' Attorney, James Hagle
Plaintiffs' Motion to Voluntary Dismiss Defendant, Seth Stevens,
Without Prejudice on file by Plaintiffs' Attorney, James Hagle
Notice of Filing of Video Evidence Deposition Transcript Pursuant to
Supreme court Rule 207(b)(2) on file
Defendants' Motion to Transfer Venue, or Alternatively to Continue
Trial on file by Defendants' Attorney, Marc Ansel
Defendants' Motion in Limine Regarding Plaintiffs' Expert Opinions on
file by Defendants' Attorney, Marc Ansel
Defendants' Motion to Reconsider Re: Defendants' Motion in Limine
Regarding Plaintiffs' Animation on file by Defendants' Attorney, Marc
Ansel
Videotaped Evidence Deposition of Dr. Avis M. Bernstein on file dated
July 13, 2016 at 3:30 p.m.
07-27-16 Supplemental Entry of Appearance for Defendants on file by
Defendant's Attorney John Lynch Jr.
07-28-16 Plaintiffs' Response to Defendants' Rule 212(c) Motion to Play
Additional Portions of the Deposition of Seth Stevens on file by
Plaintiff's Attorney James Hagle
Motion to Show Plaintiff's Trial Exhibits to Venire (Day in the Life
Video and Gruesome Photographs) on file by Defendant's Attorney Marc
Ansel
07-29-16
Plaintiff appears by James Hagle and Aaron Lauter. Defendant appears
by Marc Ansel, Alyx Parker, and James Lynch.
Cause called for hearing on various motions for summary judgement.
Cause called for hearing on Motion to Dismiss Seth Stevens as a party
defendant allowed without objection. Defendant Seth Stevens Dismissed
without prejudice. Arguments of counsel heard. Plaintiff's Motion for
Summary Judgment filed 6/21/16 is allowed. Plaintiff's motion for
Summary Judgement with Incorporated Memorandum of Law Regarding
Affirmative Defense of the Defendants filed 6/24/16 is denied.
Defendant's motion for Summary Determination of a Major Issue
Contribution Negligence filed 6/16/16 is denied.
Plaintiff's Seventeenth Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Sixteenth Motion in Limine on file by Plaintiff's Attorney
James Hagle
08-01-16 Plaintiffs' Twenty-Ninth Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Twentyeighth Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Twentyseventh Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Twenty Sixth Motion in Limine on file by Plaintiff' s
Attorney James Hagle
Plaintiffs' Twentyfifth Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Twenty Fourth Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Twentythird Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Twentysecond Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Twentyfirst Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Twentieth Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Nineteenth Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Eighteenth Motion in Limine on file by Plaintiff's
Attorney James Hagle
Certificate of service on file.
Motion to Strike Certain Allegations of Defendant, CU-MTD's
Affirmative Defense and Prayer for Relief and Affirmative Defenses on
file by Plaintiff's Attorney James Hagle
Plaintiffs' Reply to Defendant, CU-MTD's Affirmative Defense to
Counts III and IV on file by Plaintiff's Attorney James Hagle
Plaintiff's Motion to Publish Court's Findings to Jury on file by
Plaintiff's Attorney James Hagle
08-02-16 Created and properly labeled court case file.
Created and properly labeled court case file.
Plaintiffs' Response to Defendants' Motion to Show Exhibits to the
Venire on file by Plaintiff's Attorney James Hagle
Plaintiffs' Response to Defendants' Motion to Transfer Venue, or
Alternatively Continue Trial on file by Plaintiff's Attorney James
Hagle
Defendant's Motion to Reconsider Entry of Summary Judgment
Against Defendant to Defendant's Liability on file by Defendant's
Attorney Marc Ansel
Defendant's Motion in Limine to Bar References to the Order of
Summary Judgment on file by Defendant's Attorney Marc Ansel
08-03-16 Defendant's CUMTD's Motion to File Second Amended Answer on
File by Marc J. Ansel.
Second Amended Answer on file by Attorney Marc J. Ansel.

Plaintiff appears by J.Hagle, A. Lauter, and J. Frederick. Defendant
appears by M. Ansel, A.Parker, And J.Lynch. Cause called for hearing
on Defendant's motion file second amended answer. Motion allowed.
Second Amended answer filed this date. Defendant's motion to
reconsider entry of summary judgment against defendant on defendant's
liability filed on 8/2/16 is withdrawn. Motion to show plaintiff's
trial exhibits to venire ( day in the life video and gruesome
photographs) filed on 7/28/16 was allowed in part and denied in part.
Cause continued to 8/5/16 at 10:00 am in courtroom H.
08-04-16 Cause allotted for hearing on
Plaintiffs' Thirty-First Motion in Limine on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Thirtieth Motion in Limine on file by Plaintiff's Attorney
James Hagle
08-05-16 Motion in Limine Seeking to Bar References to Defendant Being
Represented by a Non-Local Counsel on file by Defendant's Attorney
Alyx Parker

Plaintiff appears by J.Hagle and A. Lauter. Defendant appears by
M.Ansel and J.Lynch and A.Parker. Cause called for hearing on various
motions in liminie. Court rules upon said motions in liminie. Parties
stipulate as to taking having a Jury of 12 with 2 alternates and if
needed a verdict with 11 members of the jury. Cause is continued for
Jury trial on 8/9/16 at 9:00 am in courtroom L.
08-08-16 Defendant's Memorandum of Law in Support of Defendant's
Motion in Limine Seeking the Issuance of IPI 1.03B on file by
Defendant's Attorney Marc Ansel
Defendant's Motion in Limine Seeking the Issuance of Illinois Pattern
Jury Instruction 1.03B on file by Defendant's Attorney Marc Ansel
Matter allotted for trial and trial scheduling
Plaintiffs' Tender of Cautionary Instructions on file by Plaintiff's
Attorney James Hagle
Plaintiffs' Response to Defendant's Motion in Limine Seeking the
Issuance of Illinois Pattern Jury Instruction 1.03B on file by
Plaintiff's Attorney James Hagle
08-09-16 Matter allotted for trial and trial scheduling

Plaintiff's appear personally and by counsel J.Hagle, Jeff Frederick
and A. Lauter. Defendant appears by Director of Operations Tracey
Pettigrew and by counsel M.Ansel, J.Lynch and A.Parker.
Jury voir dire conducted and 12 jurors and 1 alternate selection.
Cause is continued to 8/10/16 at 9:00 am in courtroom H.
08-10-16
Plaintiff's appear personally and by attorneys J.Hagle, J. Frederick
and A.Lauter. Defendant appears by Operations Director Tracey
Pettigrew with attorneys M.Ansel, J.Lynch and A.Parker. Cause called
for Jury Trial. Witness Sworn.
Opening Statements of counsel heard. Sworn testimony on behalf of the
plaintiff heard.
Evidence heard.
Exhibit# 1 thru 8 Pictures of Accident scene were admitted into
evidence.
Exhibit #9 Picture from Christmas
Exhibit #10 and 11 Picture of Mrs. Marxmiller and grandson
Exhibit # 16 Disc
Exhibit #28 Ambulance Dispatch sheet
Exhibit #12 Picture of Photo gift to Mrs. Marxmiller
Exhibit #13 and #14 Pictures from graduation
Exhibit #15 Photograph of football picture
Exhibit #29 video of Mrs. Marxmiller in physical therapy.
Exhibits were in entered into evidence this date.
Cause is continued to 8/11/16 at 9:00 am in courtroom H.
Record of Exhibits on file this date.
08-11-16
Plaintiffs appear personally and by counsel J.Hagle, J.Frederick,
A.Lauter. Defendant appears by MTD Operations Director Tracey
Pettigrew with counsel, M.Ansel, J.Lynch and A.Parker. Cause called
for continued Jury trial. Witnesses sworn. Evidence heard.
Plaintiff exhibit 17- Photograph
Plaintiff Exhibit 18- Photograph
Plaintiff exhibit 19- Photograph
Plaintiff exhibit 20- Photograph
Plaintiff exhibit 23 Photograph
Plaintiff exhibit 21- Photograph
Plaintiff exhibit 22 -Photograph
Plaintiff exhibit 24- Video
Plaintiff exhibit 25- Photograph
Plaintiff exhibit 26- Photograph
Plaintiff exhibit 27- Photograph
Plaintiff exhibit 30 Video
Plaintiff exhibit 31-35 photographs
Plaintiff exhibit 36-40 Photographs
Record of exhibits entered into evidence this date. Same filed this
date.
Cause is continued to 8/12/16 at 9:00 am in courtroom H.
08-12-16
Plaintiff's appear personally and by attorneys J.Hagle, J.Frederick
and A.Lauter. Defendant appears by Operations Director Tracey
Pettigrew and by attorneys M.Ansel, J.Lynch and A.Parker. Cause called
for continued jury trial. Witnesses sworn, evidence heard.
Plaintiff's exhibit #42 Video
Plaintiff's exhibit #43 Video
Plaintiff's exhibit #44-54 Pictures
Admitted into evidence. Record of exhibits entered.
08-15-16
Plaintiffs appear personally and by attorneys J.Hagle, J. Frederick,
and A.Lauter. Defendant appears by Operations Director Tracey
Pettigrew with counsel M.Ansel, J.Lynch and A.Parker. Cause called for
further jury trial. Witnesses sworn. Evidence heard.
Plaintiff exhibit #96- Video
Plaintiff exhibit #97- Video
Plaintiff exhibit #98- Video
Plaintiff exhibit #99 Video
Plaintiff exhibit #100- Video
Plaintiff exhibit- #52 Photograph of Marxmillers at a wedding
Plaintiff exhibit #53 Photograph of Marxmillers at the farm
Plaintiff exhibit #54 Photograph
Plaintiff exhibit #55 Photograph
Plaintiff exhibit #56 Photograph
Plaintiff exhibit#57 Photograph
Plaintiff exhibit #58 Photograph of right foot
Plaintiff exhibit #59 Photograph of right foot
Plaintiff exhibit #60 Photograph of right foot
Plaintiff exhibit #65 Photograph of Right leg amputation
Plaintiff exhibit #62 Video
Plaintiff exhibit #61 Photograph
Plaintiff exhibit #63 Video Day in the Life
Plaintiff exhibit #64 Video Day in the Life
Record of Exhibits filed this date.
Cause is continued for further jury trial on 8/16/16 at 9:00 am in
courtroom H.

Outcome: Plaintiff's verdict in favor of Mrs. Marxmiller for $9.422 million and for Mr. Marxmiller in the amount of $450,000.0

Plaintiff's Experts:

Defendant's Experts:

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