Defendant Quik Trip on Wednesday filed a motion for summary judgment in a Madison County personal injury claim.
The case has previously been dismissed twice.
Plaintiff Lois Nelson is suing for damages in excess of $50,000 and other relief due to a broken leg she claims to have suffered when no one assisted her with a gas pump at an East Alton location.
Nelson is legally deaf. She claims she tripped over a gas line and broke her leg, due to the defendant’s alleged negligence on Aug. 26, 2005.
According to the summary judgment motion, “Quik Trip had no duty to Plaintiff to warn her or protect her from dangers, which are known to her or which are so obvious and apparent that she reasonably would be expected to discover them.
“Defendant did not undertake a duty to assist her on the day of her incident and as such owed no duty to Plaintiff based on previous conduct.
“Since defendant made no attempt to assist the plaintiff on the day of the accident or on prior occasions, defendant as a matter of law, did not voluntarily undertake a duty to assist Plaintiff and cannot be held liable for the damages and injuries allegedly sustained by Plaintiff on Aug. 26, 2005.”
Madison County Circuit Judge Dennis Ruth on Wednesday also continued the case for case management conference to June 27.
Madison County Chief Judge Ann Callis allowed Nelson to re-file her suit in 2011 after hearing arguments that Nelson did not consent to her former attorney’s dismissal of the case.
Callis ordered the original case be dismissed in 2008, noting the statute of limitations had passed, but allowed a new one on the same claims to go forward.
The new case was filed in February 2011.
Nelson is representing herself.
James Parrot represented her in the suit that Callis dismissed.
Demetra Sotiriou and Korenhof McClynn represent Quik Trip.
Madison County case number 11-L-123.