Insurance company fabricated witness' story in $1.3 million case: Accident victim seeks $500,000 more in damages

A Belleville lawyer whose client received $1.37 million in damages in a traffic crash case is asking for an additional $500,000 from the insurance company, alleging the firm fabricated a witness' testimony, gave her the facts of the case to favor their case, and may have even bribed her.

Chris Kolker, the lawyer who represented plaintiff Steven Thomas Kirk, filed papers Tuesday in Madison County Circuit Court containing those allegations and asking for a hearing and possible sanctions against Mercury Insurance Co. after the firm called an "eyewitness" to testify at the trial.

Mercury's attorney could not be reached for comment.

Kirk was on a motorcycle and admitted that he was under the influence of alcohol when he was hit by a truck driven by Enver Hamiti, of Wood River, at Ridge and Fifth streets in Alton on June 30, 2006. Kirk alleged Hamiti did not stop to help him, though his leg was detached during the accident. A passer-by ripped a diamond earring from Kirk's ear as he lay on the pavement. Kirk sued Hamiti in Madison County, seeking damages.

The witness testified at the trial earlier this month that she saw the accident from her apartment and Kirk was swerving, driving drunk and speeding, but a signed lease showed the witness didn't move into the apartment until six months after the accident.

The witness was recruited by Mercury Insurance Co. to testify with facts favorable for the company's case.

"The witness was spoon-fed her 'facts' of the case through Mercury agents," Kolker wrote in a court pleading. "Those 'facts' included the date and time of the accident, types of vehicles involved and direction of vehicles' travel. The only possible way (the witness) came to know these facts was from Mercury's agents. She had no firsthand knowledge of the facts."

The witness was disclosed three weeks before trial.

"Plaintiff has reason to suspect that Mercury offered bribes to get people to testify at trial," Kolker wrote. "Perpetration of fraud is not favored. This court should not allow Mercury to get away with the fabrication of a witness."

Kolker asked the court for a hearing to question a claims adjuster, a claims supervisor, branch claims manager and a vice president of claims for Mercury Insurance about their knowledge of any possible fraud.