Heather Isringhausen Gvillo Mar. 23, 2015, 1:31pm

The Meridian Village residential development argues that its resident’s slip and fall on an icy driveway is the result of his own negligence.

Walter Mueller and his wife, Carol Mueller, filed suit against Lutheran Senior Services, claiming he slipped and fell in the driveway at Meridian Village in Glen Carbon– which is owned and operated by the defendant Lutheran Senior Services. Mueller and his wife lived in Meridian Village Villa No. 6.

The plaintiffs allege the driveway was filled with an unusual amount of ice, and it was the responsibility of the defendant to properly design and maintain the driveway so water and ice could not accumulate to such an extent. This was a problem that existed despite multiple complaints by the plaintiffs, the suit states.

According to the complaint, Muller’s fall on the ice caused injury of mind and body, resulting in him being unable to perform his normal affairs.

Meridian Village denied the allegations in its Feb. 18 answer. Instead, it argued that any alleged damages were the result of the negligence by the plaintiff or parties other than the defendant.

The Muellers denied the affirmative defenses in its response.

Mueller seeks in excess of $50,000, and Carol Mueller is suing for loss of consortium.

Circuit Judge Dennis Ruth scheduled a case management conference for April 29 at 9 a.m.

John J. Hopkins of Alton represents the Muellers.

Philip L. Willman and David M. Perron of Brown & James represent Meridian Village.

Madison County Circuit Court case number 14-L-1580

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