Ruling on motion to dismiss Mitsubishi geese attack lawsuit delayed

Posted on March 2, 2015

A ruling on a motion to dismiss a lawsuit filed by a man who says he was attacked by geese at the Mitsubishi Motors North America Plant in Normal has been delayed due to a death in the plaintiff's lawyer's family. (WJBC file photo)

By Joe Ragusa

BLOOMINGTON – A ruling on a motion to dismiss a lawsuit filed by a man who says he was attacked by geese while working at the Mitsubishi Motors North America Plant in Normal has been delayed.

Judge Rebecca Simmons-Foley granted a request from the plaintiff's lawyer, Sean Oswald, for more time to respond to the motion to dismiss during a hearing Monday. Oswald said in court that his daughter died in December, around the time the motion to dismiss the lawsuit was filed by Mitsubishi.

Oswald said his associate at Strong Law Offices in Peoria who took over the case did not file the proper response by Feb. 1 and has since been let go. Oswald declined to comment further the hearing.

His client, Todd Cole, says he was attacked by geese while working as a contractor on the plant's property May 2010 and suffered an injury to his right shoulder. Cole was working at the site for Waddell Battery Corp.

In the original complaint filed in April 2012,Cole said Mitsubishi had a responsibility to warn people about geese on their property but failed to do so.  Cole said he has suffered great pain and anguish and he's forced to pay large sums of money for medical bills and continued treatment.

Cole's asking for over $50,000. Oswald now has until March 30 to respond to the motion to dismiss and Mitsubishi has until April 20 to reply. A hearing on the motion is scheduled for April 29.

Joe Ragusa can be reached at [email protected].

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