Ann Maher Dec. 4, 2014, 5:32am

A case management conference is set Jan. 28, 2015 in a pedestrian's personal injury suit against the City of Granite City.

Madison County Circuit Judge William Mudge noted in an order resetting the case from a scheduled conference that "neither party" appeared on Oct. 29.

In July, Mudge denied summary judgment sought by the City of Granite City in the case brought by plaintiff Kelly Timmons.

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.

Mudge held that Granite City did not address a line of cases that “carve out an exception for pedestrians who are leaving or returning to lawfully parked automobiles because they are intended and permitted users of the street immediately surrounding such vehicles” in its arguments.

Granite City is represented by Eric Evans.

Timmons is represented by William J. Mateyka of Mateyka and Associates in Granite City and is seeking a judgment of more than $50,000, plus costs.

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

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