Ann Maher May 30, 2014, 8:57am

St. Paul Catholic Church in Highland denies liability in a woman's personal injury lawsuit.

Represented by Donald Ohl of Knapp Ohl and Green in Edwardsville, the church says plaintiff Elizabeth Korte failed to mitigate her damages at the time she claims to have tripped on the premises during the annual Kirchenfest in 2012.

Korte claims she was attempting to walk over black basketball poles and other objects that were laid on the ground when the incident occurrerd. She suffered a torn tendon in her right shoulder which required surgery to remedy, her suit claims.

Daniel J. Korte, who was married to Elizabeth Korte at the time of the incident, claims he lost his wife’s society, companionship and sexual relationship because of the incident.

They seek a judgment of more than $100,000, plus other relief the court deems just.

They are represented by Brian L. Polinske of Polinske and Associates in Edwardsville.

The church claims the Kortes are barred from recovering damages because Elizabeth's contributory fault and failure to exercise due care for her own safety is more than 50 percent of the proximate cause of the injury.

A case management conference was scheduled May 28.

Circuit Judge Andreas Matoesian presides.

Madison County Circuit Court case number: 13-L-2172.

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