Man misses court hearing, seeks to vacate order enforcing settlement in collision suit

Shane Richard of Louisiana claims heavy traffic kept him from attending a hearing to explain why he didn’t sign a release for a $400,000 injury settlement.

His failure to appear in court on May 4 caused Madison County Circuit Judge Ron Foster to grant a motion for enforcement of the settlement.

He arrived later that day and wrote a motion to vacate Foster’s order, stating he got caught in traffic on Interstate 55.

He stated he couldn’t leave Louisiana any sooner due to a meeting on May 3 about repairing hurricane damage at his home.

He added that his mother rode with him and had to make stops.

He sued Courtney James Leasing of Troy in 2021 over a collision that happened on Interstate 55 in 2019.

Eric Carter of Louisiana and Andrew Mundwiller of St. Louis represented him.

Matthew Bing of Waukegan represents Courtney James Leasing.

Last November the lawyers notified Foster that former Cook County judge William Gomolinski successfully mediated the dispute.

In December, Carter and Mundwiller moved to withdraw.

Bing moved to enforce the settlement in January, stating Richard accepted $400,000.

He claimed Carter and Mundwiller asserted a lien on the settlement for $160,000 as their 40 percent fee, plus about $10,000 in costs.

Foster set a hearing and when Richard didn’t appear, he ordered enforcement and gave Courtney James Leasing seven days to submit a formal order.

As of May 8 Foster hadn’t acted on Richard’s motion to vacate the order.

This article was first published in Madison Record.

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