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Three new lawsuits filed in connection with 2014 North Mac carbon monoxide leak

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North Mac Intermediate School closed off on Sept. 15, 2014. (Photo by KSDK-TV)

Three new lawsuits have been filed in Macoupin County Circuit Court seeking monetary judgments in excess of $50,000 for injuries allegedly sustained by students as a result of a Sept. 15, 2014, carbon monoxide leak at the North Mac Middle School in Girard.

The newest suits join more than 20 similar lawsuits previously filed in Macoupin County. The Nolan Law Group, Chicago, represents the plaintiffs in each of the suits filed thus far.

The new lawsuits were filed by Monica Fulton, as mother and next friend of her minor child; Amy Turley, as mother and next friend of her minor child; and Georgie M. Brewer, as guardian of the estate and person of a minor.

Named as defendants are the North Mac Community Unit School District; Burgess & Son Plumbing and Heating, Inc.; Allied Design Consultants, Inc.; Cochran & Wilken, Inc.; HDR Engineering, Inc.; Henson Robinson Co.; and Alpha Controls & Services, LLC.

Each of the suits contend the carbon monoxide leak was caused by a flawed venting system for the building’s gas-fired hot water heaters and boiler system. The suits allege negligence on the part of each of the defendants and seeks monetary judgments to compensate the plaintiffs for “severe and permanent” injuries their children allegedly sustained and medical costs they incurred.

According to the suits, the Girard School District contracted with Allied Design in April 2001, prior to the time the Girard and Virden school districts consolidated into the North Mac district, for architectural services related construction of 22,300 square-foot building on the Girard campus. Allied allegedly contracted with Cochran and Wilken for engineering services, including work related to the building’s heating and domestic hot water services. Cochran and Wilken has since dissolved, its assets and liabilities allegedly assumed by HDR Engineering, Inc.

The suits claim the building was issued an occupancy permit in March 2003 with mechanical systems designed and/or built by Allied Design Consultants and Cochran & Wilken in place. The new building featured a hot water fan coil unit fed by two Patterson Kelly gas-fired boilers with gas-fired roof top units providing air ducted systems for heating the multi-purpose room and kitchen areas. In addition, domestic hot water was provided through two Lochinvar boilers.

The suit, like the others filed in connection with the carbon monoxide incident, demands a jury trial.

Once the Girard and Virden school districts consolidated, the newly formed North Mac Community Unit School District assumed responsibility for the building.

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The suits allege Burgess & Son serviced the Lochinvar hot water heaters and associated venting systems on Sept. 12, 2014—three days before the carbon monoxide leak. At that time, according to the suit, Burgess & Sons and representatives of the North Mac School District failed to repair a break or separation in the venting system for the Lochinvar hot water heaters. The suits further allege the district conducted school on Sept. 15, 2014, when it was not safe to do so, and that the defendants failed to follow manufacturer’s recommendations for safely venting the Lochinvar hot water heaters, and failed to connect the heaters to an approved chimney or venting system.

The suits further allege Henson Robinson conducted testing on the hot water heating system  and made recommendations to the school district to extend the vent to a point above the roofline. The lawsuits contend that prior to the Sept. 15, 2014, carbon monoxide leak that Henson Robinson knew the vent pipes for the hot water heating system were improper and inadequate, failed to provide rust-proof screws to secure the vent pipes, failed to ensure that the venting system used Type B vent pipes with interlocking mechanisms, and failed to provide proper horizontal and vertical runs of the vent pipes, allowing the vent pipes to sag.

Allegations against Allied Design claim the company failed to provide an adequate Health and Life Safety survey to ensure the heating and hot water systems met state codes, and that the company failed to discover that the Lochinvar hot water heaters were not properly vented.

The newly filed lawsuits allege that Cochran & Wilken, whose assets and liabilities were assumed by HDR Engineering, failed to inspect and test materials and the operational condition of the building’s mechanical systems, including the hot water heaters and associated venting systems.

The suits further allege Alpha Controls representatives were present in March 2011 when it was noticed that the hot water boilers were not reading temperature set points. As a result, Alpha Controls “knew or should have known” that the air supply for the mechanical systems was inadequate and that an “unsafe negative pressure condition existed” in the boiler/mechanical system equipment.

The suit, like the others filed in connection with the carbon monoxide incident, demands a jury trial.

According to news reports at the time of the incident scores of students and staff members were sickened as a result of the leak.  A total of 181 students, faculty members and staff were transported to hospitals in Springfield and Carlinville, with the majority being treated and released. A total of 57 persons were taken to St. John’s Hospital in Springfield and at least three were admitted for treatment.

Students started complaining of not feeling well shortly after classes convened at 8:30 a.m. with symptoms consistent with carbon monoxide poisoning. About 640 students in third through the eighth grades were evacuated. Students who were not ill were taken to local churches.

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Progressive Club to celebrate 90th anniversary

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Benld Entreprise

The Wilsonville Progressive Club will celebrate and host a 90 year Anniversary Party on Saturday, May 11. The party will include a catered dinner, a live band, and fireworks.

Doors will open at 2 pm with a catered dinner being served at 4 pm.  The Shane Kessinger Experience (live band) will play at 5 pm, and a grand fireworks display will be held at dusk.

The Progressive Club was originally established in 1934 by the Progressive Miners and was located on the northwest side of Wilsonville’s main street. The Club moved to their new building in January of 1949 and today this is still the current location at 212 Wilson Street in Wilsonville.

Wilsonville was founded in 1917 when Superior Coal Co. Mine No. 4 was sunk and this was the most modern mine in the Superior field. At that time, the little settlement which grew up around the mine was called Wilson. One day a worker paused and asked, “What are we going to name this town?” President Wilson was in office, thus the town was then and there named Wilson until 1919 when it was incorporated and the name expanded to Wilsonville.

The Wilsonville Progressive Club is operated and maintained by an elected panel of trustees and loyal members.  The Club is open to the public and membership is always welcome.  The large outdoor covered pavilion and manicured grassy side lot offer an attractive and convenient venue for any event along with inside facilities. 

If you are interested in renting for any kind of event, call 217-835-3122 during open hours which are Thursday, Friday and Saturday, 4 pm to close, and Sunday doors open at 2 pm.  Every Sunday afternoon at 4 pm is the Queen of Hearts drawing and the Club is on Facebook as well.

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Gillespie Police Report: April 14-20, 2024

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SUNDAY, APRIL 14, 2024

An officer was dispatched to the 100 block of East Oak Street in reference to a dog bite.

An officer was dispatched to the 700 block of Abba Street to pick up a found item.

An officer was dispatched to the 100 block of East Maple Street in reference to a domestic dispute.

An officer was dispatched to the 400 block of West Chestnut Street in reference to a burglary.

An officer was out in the 200 block of North Macoupin Street in reference to a motorist assist.

An officer was dispatched to the 700 block of Schmidt Street in reference to a 911 call.

An officer was dispatched to the 300 block of South 1st Street in Benld in reference to a domestic dispute.

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An officer was dispatched to the 500 block of Broadway Street in reference to a medical call.

An officer was dispatched to the 400 block of South Illinois Street in Benld in reference to illegal burning.

An officer was dispatched to the 200 block of South 5th Street in Benld in reference to an animal complaint.

An officer was dispatched to the 500 block of Horizon Street in reference to a 911 call.

MONDAY, APRIL 15, 2024

An officer was dispatched to Gillespie Police Department to speak with a male in reference to a theft in the 100 block of South Main Street in Benld.

An officer was dispatched to the 500 block of West Osie Street in reference to a violation of an order of protection.

Nicholas O. Landolt, 36, of Gillespie was arrested on multiple warrants including one out of St. Clair County for possession for methamphetamine, a second one out of Montgomery County for failure to appear for driving while license was revoked, and a third out of Macoupin County for failure to appear for methamphetamine.

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An officer was dispatched to East Walnut Street in reference to a suspicious noise.

An officer was dispatched to the 700 block of Abba Street in reference to a juvenile issue.

An officer was dispatched to the 500 block of Broadway Street in reference to a medical alarm.

An officer spoke with a male at Gillespie Police Department in reference to a theft in the 200 block of West Oak Street.

An officer spoke with a female at Gillespie Police Department in reference to criminal damage to her property.

An officer spoke with a male at Gillespie Police Department in reference to identity theft.

An officer spoke with a female in the 100 block of North 7th Street in Benld in reference to a neighbor dispute.

An officer spoke with a female at Gillespie Police Department in reference to a violation of an order of protection.

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An officer was dispatched to the 200 block of Southern Street in reference to a suspicious person.

TUESDAY, APRIL 16, 2024

An officer was dispatched to the 1100 block of South Macoupin Street in reference to criminal damage to property.

An officer was dispatched to the 900 block of South Macoupin Street in reference to a domestic dispute.

An officer was dispatched to the 700 block of East Walnut Street in reference to criminal trespass to property.

An officer was dispatched to the 600 block of North 7th Street in Benld in reference to criminal trespass to property. Melissa J. Hughes, 49, of Benld was arrested on a Montgomery County warrant for theft/larceny.

An officer was dispatched to the 100 block of East Maple Street in reference to criminal trespass to property.

An officer was dispatched to the 300 block of Francis Street in reference to a traffic crash.

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An officer spoke with a female at Gillespie Police Department in reference to a civil issue in the 700 block of Rose Street in Benld.

An officer was dispatched to the 200 block of South 5th Street in Benld in reference to a domestic dispute.

An officer was dispatched to the 300 block of East Pine Street to assist the Department of Children and Family Services.

An officer was dispatched to the 400 block of Broadway Street in reference to reckless driving.

An officer was dispatched to the 300 block of East Central Avenue in Benld in reference to a 911 call.

WEDNESDAY, APRIL 17, 2024

An officer spoke with a female at Gillespie Police Department in reference to fraud in the 200 block of South Macoupin.

An officer was dispatched to a business in the 500 block of East Elm Street in reference to criminal trespass to property.

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An officer was dispatched to Route 4 and Staunton Road in reference to reckless driving.

An officer was dispatched to the 600 block of Gillespie Street in reference to unwanted solicitors.

An officer was dispatched to High Street and Gillespie Street in reference to a suspicious noise.

An officer was dispatched to the 300 block of High Street in reference to unwanted solicitors.

An officer spoke with a male at Gillespie Police Department in reference to a civil standby.

An officer was flagged down at Elm Street and Clinton Street and spoke with an individual in reference to a civil issue.

An officer was dispatched to the 200 block of Mt. Olive Road in Eagarville in reference to a domestic dispute.

An officer spoke with a male at Gillespie Police Department in reference to a suspicious circumstance.

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THURSDAY, APRIL 18, 2024

An officer was dispatched to a business in the 400 block of South Macoupin Street in reference to a panic alarm sounding.

An officer was dispatched to the 1300 block of South Second Street in reference to a civil standby.

An officer was dispatched to the 400 block of West Osie Street in reference to a dog bite.  Heather L. Kimberlin, 47, of Gillespie was issued a citation for dog at large.

An officer was dispatched to the 400 block of West Baker Street in reference to a juvenile issue.

An officer was out with a suspicious vehicle in the alley in the 500 block of Park Avenue.

An officer was dispatched to East Walnut and South Main Street in Benld in reference to reckless driving.

An officer was dispatched to the Veterans Memorial Park in Benld in reference to a suspicious vehicle that had been parked there for a couple of days.

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Gillespie Police Department was requested for traffic control by the Gillespie Fire Department for a fire on Eagarville Road.

FRIDAY, APRIL 19, 2024

An officer was dispatched to the 700 block of East Walnut Street in reference to a traffic crash.

An officer was dispatched to the 300 block of South Street in Gillespie in reference to a juvenile issue.

An officer was dispatched to the 700 block of Litchfield Road in East Gillespie in reference to a suspicious person at the storage units. Kathy J. Henderson, 49, of Sawyerville was arrested on a Macoupin County warrant for failure to appear for bad checks

An officer initiated a traffic stop at Maple Street and Macoupin Street. Kenny L. Fults, 18, of Belleville was issued a citation for possession of cannabis.

An officer was dispatched to the 200 block of Mt. Olive Road in Eagarville in reference to civil standby.

An officer was dispatched to the 500 block of West Burton Street in reference to an animal complaint.

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SATURDAY, APRIL 20, 2024

An officer was dispatched to the 700 block of Abba Street in reference to a domestic dispute.

An officer was dispatched to the 400 block of North 7th Street in Benld in reference to criminal trespassing. Timothy J. Dalpozzo, 57, of Benld was arrested for criminal trespassing to residence and a Macoupin County warrant for criminal trespassing to a residence.

An officer initiated a traffic stop at South Street and Chestnut Street and charges are pending crime lab results.

An officer was dispatched to the 100 block of East Maple Street in reference to reckless driving.

An officer was dispatched to Macoupin Street and Elm Street in reference to reckless driving.

An officer was dispatched to the 400 block of Osie Street in reference to a dog at large.

An officer was dispatched to the 600 block of North 8th Street in Benld in reference to medical assist.

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An officer was dispatched to the 200 block of West Spruce Street in reference to a suspicious person.

An officer was dispatched to the 400 block of West Baker Street in reference to criminal trespass to property.

An officer was dispatched to the 300 block of Park Street in Benld in reference to a medical call.

An officer spoke with a male at Gillespie Police Department in reference to an ordinance issue.

All subjects are presumed innocent until proven guilty in a court of law.

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HSHS St. Francis Hospital offers volunteer opportunities for feens

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LITCHFIELD, Ill. — HSHS St. Francis Hospital is offering service opportunities to area teens this summer through the 2024 Junior Volunteer Program. Applications are being accepted now through May 1.

Applicants must be high school students maintaining at least a “C” average, be a minimum of 14 years of age by June 1 and be willing to volunteer at least two hours per week during the summer program. Junior volunteers will perform a variety of duties in various hospital departments. 

Registration materials are available on the hospital’s website volunteer page at https://www.hshs.org/st-francis/community/volunteer.

All participants in the program will be required to present proof of immunizations for MMR (measles, mumps, and rubella), and Varicella (chicken pox). An additional requirement includes attendance at a hospital orientation.

A limited number of positions will be available. For more information, contact HSHS St. Francis Hospital at 217-324-8200.

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