The Biography of Chicagos Marina City
Parking disputes lead to $40 million lawsuit
2008-09
Mathers said the employee, Yaw Akwaboah, struck her across the face with a customer ticket receipt while reaching across her face while [Mathers] was speaking to the cashier. At the same time, she said, Akwaboah bumped Edie Mathers with his fat body, trying to move her out of the way while she was taking care of business as a monthly customer. Not satisfied with System Parkings handling of the incident, Mathers called Chicago police but was told they already had a call about the incident, which was apparently System Parking calling to complain about Mathers. Mathers says she was charged with battery based on a System Parking manager telling police that Mathers struck the manager about the torso with an open hand causing minor redness and soreness.
When she parked elsewhere, her truck, she said, was vandalized. When she tried to use short-term parking reserved for residents, police were called and her truck was towed. Mathers was claiming false charges, false arrest, false imprisonment, abuse of process, malicious prosecution, discrimination, negligence, interference with her business, racism, breach of contract, personal injury, property damage, infliction of emotional distress, trademark infringement, violations of the Civil Rights Act, racial profiling, harassment, sexism, racism, restraint of trade, defamation, libel, and slander. Case moved, then dismissed On November 14, 2008, MTCA attorneys Daniel Meyer and Ellis Levin filed a motion to dismiss the complaint, saying it is substantially insufficient in law. The $40 million in damages, they wrote, exceeded the amount allowed by the Circuit Court of Cook County. Also, because many of the counts in the complaint are covered by the Illinois Human Rights Act, the motion points out they cannot be heard by any state court and that the complaint is neither plain nor concise.
Instead, the complaint, which contains less than six pages of substance yet contains 29 purported causes of action, is pleaded entirely in conclusions. On November 19, Judge William Maddux ordered the case transferred for trial to the Municipal Department, a Circuit Court division that normally hears civil cases seeking $30,000 or less. The lawsuit was dismissed on December 23, 2008. Circuit Court Judge Lawrence OGara called the complaint improper and gave the plaintiffs 28 days to re-file, preferably with the assistance of an attorney. While listening to her describe how she filed the lawsuit, OGara asked Mathers if she had any legal training. She said she had no training and had not taken any classes. Mathers expressed frustration to the judge, telling OGara, Weve been bamboozled throughout this process. Judge OGara scolded Mathers for filing a $40 million lawsuit without an attorney but wished her good luck before dismissing the complaint. You seem to have a grip on what you need to do, he told her. Lawsuit merit aside, $40 million was not the most for which MTCA had been sued. On April 26, 2004, Edie Mathers sued MTCA and then-president James Curtin for $1 billion. That lawsuit was dismissed on July 19, 2004.
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Last updated 2-Jun-17 |
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