Kelly Holleran Dec. 11, 2013, 12:55pm

A man claims he suffered foot injuries when he fell on uneven asphalt after picking up his son from daycare.

Kelly Timmons filed a lawsuit Dec. 2 in Madison County Circuit Court against Granite City.

In his complaint, Timmons claims he was picking up his four-year-old son from a day care center known as Wee Care Learning Center on Dec. 5, 2012, at 2601 Grand Avenue. The pair was walking back to Timmons’s vehicle when Timmons fell on an uneven section of the road, according to the complaint.

Because of the fall, Timmons suffered severe and permanent injuries, experienced great physical pain and mental anguish and lost wages, the suit states. He was also unable to attend to his ordinary duties and incurred medical costs, the complaint says.

In his complaint, Timmons blames Granite City for causing his fall, saying the city negligently allowed a large section of its road to remain uneven, allowed a drop-off of several inches on the surface of the road, failed to repair a deteriorating section of the road, failed to erect barriers to warn of the unsafe condition and failed to repair the defective road.

Timmons seeks a judgment of more than $50,000, plus costs.

William J. Mateyka of Mateyka and Associates in Granite City will be representing him.

Madison County Circuit Court case number: 13-L-2013. 

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