Braidwood Official Blamed For Causing Heart Attack: Suit

BRAIDWOOD, IL — An 85-year-old street commissioner from the city of Braidwood told Patch Friday that he will vigorously defend his decision to remove Ronald Wayne Clark as a mechanic for the city, and fight a lawsuit alleging his actions caused Clark to have a heart attack. Clark filed a lawsuit this week against Fay Smith, saying Smith's "outrageous" behavior caused him to have a heart attack in August.

The lawsuit was filed at the Will County Courthouse by attorney Michael Tomasek of Braidwood.

"In August 2018, plaintiff suffered a heart attack requiring a prolonged absence from work and significant medical treatment," the lawsuit states. "Defendant's extreme and outrageous misconduct was a likely cause of plaintiff's heart attack."

On Friday, during the phone interview, Smith told Patch he will mount a strong legal challenge to make sure Clark does not prevail against him. When reminded that the lawsuit accuses Smith of causing Clark to suffer a heart attack in August, Smith started laughing, pointing out that he has not even spoken in person with Clark for many months.

"I am the one that hires, and I am the one that fires," Smith told Patch. "I have not done anything wrong. I do not want him. He's an agitator of my group" of employees.

Smith went on to say, "I am not going to give him anything. I will push for a jury trial before I give him a nickel. I've never been arrested, and I've never been in no trouble. I have been here 50 years, I'm retired from General Motors, and I love this little town."

Clark's lawsuit states he "is a fine city employee and has never been disciplined for misconduct. Plaintiff diligently, conscientiously and consistently uses his best efforts to serve the city to the best of his ability."

As for Fay Smith, the lawsuit states Smith has been a city commissioner since 2015, is not Clark's supervisor and "has no authority to direct or control Plaintiff's day to day work activities."

Smith told Patch he had previously served two other four-year terms in office for the community of Braidwood.

In any event, last December, Smith began harassing Clark, the lawsuit alleges.

"On or about December 6, 2017, (Clark) was informed by George Weaver, supervisor of Braidwood Public Works, that (Fay Smith) had instructed Weaver to not allow (Clark) access to the Public Works Building or allow him to associate with any public works employees," the suit states.

At that point, Clark notified his union representative about the matter. Two days later, Smith questioned whether Clark had spoke with the union and Clark confirmed he did, the suit states.

"Get the f*** off the property and don't come back!" Smith told Clark, according to the lawsuit. Smith also poked his finger into Clark's chest, the suit alleges.

Then, Clark walked out of the Public Works Building.

"Defendant has refused to allow (Clark) to drive any city vehicles," the lawsuit states. "Defendant has obtained plaintiff's prior criminal record containing offenses committed over 30 years ago and has showed it to plaintiff's coworkers and other city personnel without justification," Clark's lawyer argues.

Smith told Patch he was not going to discuss the details of Clark's criminal history during Friday's phone interview, but said it's a matter of public record and anybody can find it.

The lawsuit also claims, "Despite all this, defendant continues to harass plaintiff notwithstanding attempts by plaintiff's union and city officials to stop (Smith's) extreme and outrageous conduct."

The lawsuit requests that Will County's judicial system enter a judgment in Clark's favor "in excess of $50,000.01 to compensate him for the loss suffered as a result of defendant's misconduct and further prays that this court award him further relief as is just."

Smith said he will not be intimidated by Clark's lawsuit.

"I stand for the people and I stand for them until Hell freezes over," Smith told Patch. "I don't get much (money). I am for the taxpayer."

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