A highway worker who claimed in St. Clair County Circuit Court that he had sustained severe and permanently disabling injuries, now claims in federal court that he didn’t.
On Sept. 24, Mario Dolce, through his counsel Bruce R. Cook, of Belleville, advised Senior District Judge Phil Gilbert in the Southern Illinois District Court that, “Initially, it appeared that plaintiff’s injuries might lead to surgery.”
“However, since filing, the plaintiff has been diagnosed with a cervical strain,” Cook wrote.
“The plaintiff has missed one day of work, and his medical care has consisted of a trip to the emergency room and three doctor’s visits,” Cook wrote.
Cook moved to remand the complaint to St. Clair County court, where he filed it in July.
He claimed it was clear that Dolce’s damages were less than the $75,000 requirement for federal jurisdiction.
According to the complaint Dolce suffered injuries on May 3 while operating a state vehicle in a construction zone on Interstate 64 near Mascoutah.
Cook alleged that Oregon trucker William Harlow drove his Freightliner into the construction zone and struck the rear of Dolce’s vehicle.
In the lawsuit, Cook claimed Dolce sustained injuries to his cervical spine and body as a whole and has suffered and would continue to suffer pain and anguish.
He claimed Dolce lost and would lose money by inability to pursue his normal occupation.
He claimed Dolce paid and would pay large sums for hospitals and medical treatment.
He claimed damages exceeded $50,000, the minimum for St. Clair County’s law division.
Michael Patrizio, of Chicago, removed the complaint to federal court on Sept. 11 on the basis of diverse jurisdictional citizenship.
Patrizio wrote: “Defendants have a good faith belief that the amount in controversy exceeds the jurisdictional minimum of $75,000 necessary for diversity jurisdiction.”
He wrote, “If any question arises as to the propriety of the removal, defendants request the opportunity to present a brief and argument in support of their position.”
On Sept. 16 Patrizio filed an answer to the complaint admitting contact was made.
His wish for briefing and argument came true when Cook moved to remand.
Cook practices at the firm of his father, Bruce N. Cook.
The state comptroller’s payroll website shows Dolce as a highway maintainer who has made $7,500 each month this year.
This article was first published in Madison Record.
