Christopher Morgan and his friends had been drinking alcohol and smoking marijuana one night in July 2007 when they crawled through a hole in the chain-link fence surrounding the abandoned federal defense mapping site on South Broadway, near what's now the River City Casino.
A flurry of pretrial motions was filed last September, when the trial originally was to have been held. The plaintiff wanted to prohibit defense lawyers from referring to Morgan as a trespasser, from introducing evidence that Morgan had been drinking alcohol and smoking marijuana and from introducing evidence of how long the transformer, and the oil spilled from it, had been on the ground. Hettenbach denied each of these motions.As the hit-and-run driver jogged away, the owner of a nearby plumbing business followed alongside in a vehicle, telling him "it'll be easier" to give up, Kendall said.Call the writer at 636-0366.The trial was to start Wednesday morning in the St. Louis Circuit Court, but before a jury panel could be seated for questioning the parties told Judge Bryan Hettenbach they had settled their dispute.The four teenagers had walked around the 39-acre property and through some of the old buildings for more than an hour when Morgan, 16, ran ahead in a parking lot. Lying on the pavement were three utility poles, an energized power line, the neutral part of a supply system and a transformer. Woodchips and oil also were spread around the pavement.The plaintiff also alleged she was entitled to punitive damages.The defense, represented by Armstrong Teasdale's James J. Virtel and Karen A. Baudendistel, also disputed Tina Morgan's claim that she's entitled to recover for the loss of companionship, guidance and support of her son.Williams was calmly walking south on Circle Drive when he was arrested near the 7-Eleven store at Pikes Peak Avenue, police said.-The defense, represented by Armstrong Teasdale's James J. Virtel and Karen A. Baudendistel, also disputed Tina Morgan's claim that she's entitled to recover for the loss of companionship, guidance and support of her son. Morgan lived in his grandmother's home with his mother and half-sister for the first 6 1/2 years of his life. In 1997 he moved in with his aunt and spent weekends with his mother. He lived with his aunt until she and her husband divorced in 2002.The case is Tina M. Morgan v. Union Electric Co. d/b/a AmerenUE et al., 0922-CC10115.According to the defense documents, it isn't clear where Morgan lived between 2002 and 2005, although he lived with his mother in Scott County during at least part of 2005. At the time of his death, Morgan was living with his half-sister, her boyfriend and their children, and he was working as a plumber's helper for C.J. Plumbing Co.In a strange twist, the court file contained a settlement agreement between Tina Morgan and the port authority in which the port authority agreed to seek a change of judge from Judge John F. Garvey. The port authority made the request on Sept. 9, 2010, which was around the same time Dierker issued his summary judgment order.The sport utility vehicle - with a damaged front-end and a flat tire on the right, rear side - was returned to the owner, Kendall said.Wrongful deathBoth Virtel and Taylor said in emails that they could not comment on the case.Hettenbach provisionally granted the plaintiff's motion to prevent the defendant from introducing the opinions of its electrical engineering expert as well as the plaintiff's motion to prevent the defendant from introducing school records suggesting Tina Morgan's home was abusive or that Christopher Morgan's aunt was his legal guardian.Kendall said the pickup caused $2,000 worth of damage.Plaintiff's Attorneys: W. Morris Taylor and Scott A. Bailey, W. Morris Taylor, ClaytonAmerenMissouri's defense documents detail Morgan's night of partying, which began July 29, 2007, and ended in his death at about 3 a.m. the next day. The defense documents also said the utility poles had been vandalized before Morgan and his friends arrived.According to the defense documents, it isn't clear where Morgan lived between 2002 and 2005, although he lived with his mother in Scott County during at least part of 2005. At the time of his death, Morgan was living with his half-sister, her boyfriend and their children, and he was working as a plumber's helper for C.J. Plumbing Co.Several days later, Garvey denied the port authority's motion and then granted the plaintiff's change-of-judge motion.
Defendant's Attorneys: James J. Virtel and Karen A. Baudendistel, Armstrong Teasdale, Clayton
Author: Donna Walter
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