Plaintiff amends class complaint instead of listing damage

[Guest guest]

Plaintiff amends class complaint instead of listing damage

Friday, June 09, 2006

Illinois

By Steve Korris

http://www.stclairrecord.com/news/newsview.asp?c=180294

Judge Matoesian

Suspense keeps building as the Madison County justice system awaits

a list of moldy stuff from a Venice apartment.

Fourteen months after Kesha Manning proposed a class action lawsuit

over mold at Bissell Apartments, she has not identified anything the

mold damaged.

Circuit Judge Andy Matoesian on April 7 ordered her to make a list

of personal property that mold damaged, but through June 7 she had

sent the court no list.

Manning in April 2005 sued BA-2003, the limited partnership that

owned Bissell Apartments, and Independent Management Services, the

property manager.

The owners had begun repairing water damage. Manning's attorney,

Lanny Darr, moved for a court order to stop repairs, arguing they

would spoil evidence.

Defense attorney er of Clayton, Mo., responded that

Darr's motion would slow down rehabilitation.

He wrote that:

In 1981, builders of the 92 apartments used plastic pipes that

leaked over time. Leaks were within walls and not apparent.

Bissell Apartments received financing and rent assistance through

the U.S. Department of Housing and Urban Development. HUD inspected

the property and the owners had to comply with HUD regulations.

After Manning claimed damages the owners sent letters to all

residents. One resident reported a leak, he wrote, and no one

reported damage.

Darr responded that, " Each time a resident is relocated, or a repair

within the walls to plumbing is made, evidence is lost that

Plaintiffs need to prove the full extent of their case. "

er replied that Darr sought an order not to protect evidence

but to solicit other residents to become clients.

Defense attorney Jill Sundberg moved last August to dismiss, arguing

that Manning failed to attach a lease to her complaint.

Darr moved to amend the complaint. In September, Matoesian gave Darr

30 days to amend it.

After the deadline passed, defense attorney Troy Bozarth moved Nov.

10 to dismiss for failure to prosecute.

Six days later Darr filed an amended complaint.

Bozarth moved to dismiss it, arguing that Manning failed to allege

what property was damaged and how.

Matoesian in January denied Bozarth's motion to dismiss.

In February Darr filed another amended complaint.

Bozarth again responded that plaintiffs refused to disclose the

property they claimed was damaged.

Matoesian then ordered a list of damaged property.

Instead of delivering a list, Darr moved to amend his complaint

again so he could add a new party.

Matoesian granted the motion.

In Manning's third amended complaint she sued not only BA-2003 and

Independent Management Services but also Bissell Apartments Limited.

Darr wrote that BA-2003 bought the property from Bissell Apartments

Limited in 2004.

---------------------------------------------------------------------

-----------

Steve Korris