Madison County Circuit Judge Dennis Ruth continued a hearing Friday in a lawsuit over a man’s claim he fell more than 10 feet when he tumbled off a road while riding his bicycle.
Ian Hester filed a lawsuit April 26 in Madison County Circuit Court against the Agency for Community Transit.
Ruth called the hearing based on the defendant’s motion to dismiss and continued it to Aug. 24 to allow the plaintiff time to conduct written discovery, including interrogatories and requests for production.
Hester alleged he was riding his bike in Granite City July 24, 2011, when he attempted to enter a bicycle trail. He claims the accident occurred because the road abruptly ended and gave the appearance the bike path continued at the road’s end, the suit states.
Hester claims he suffered a fracture in his heel bone and several compression fractures in his back and experienced pain, mental anguish and disfigurement. In addition, he incurred medical costs and lost wages.
Agency for Community Transit stated that if the plaintiff’s negligence is less than 50 percent of the cause of the plaintiff’s injuries, any damages must be diminished in proportion to the amount of fault attributable to the plaintiff for failure to exercise care in causing his own injuries.
Agency for Community Transit filed its affirmative defenses May 25 and demanded a trial by jury. Donald J. Ohl on May 25 announced his representation of Agency for Community Transit.
The Agency for Community Transit filed a motion to dismiss May 25, stating a local public entity is not liable for an injury, where the liability is based on the existence of a condition of any public property permitted to be used for recreational purposes, including parks or other recreational facilities unless the local entity is guilty of willful and wanton conduct causing the injury.
Hester seeks a judgment of more than $50,000.
Samantha S. Unsell of Belleville represents the plaintiff.
Madison County Circuit Court case number: 12-L-549