Heather Isringhausen Gvillo Mar. 30, 2015, 4:55pm

Monkey Joe’s denies liability in a personal injury action alleging a child sustained leg injuries while playing on a bouncy toy at the Fairview Heights establishment.

In her Nov. 7 complaint, Elizabeth Toepfer claims her son, Robert Toepfer Jr., was playing on a bouncy toy at defendant T.M.A. Play IL Inc., doing business at Monkey Joe’s, in Fairview Heights on April 13, 2013. The boy's leg became entangled in a tear, the suit says.

As a result of the incident, Robert Toepfer Jr. became sick, sore, lame, disordered and disabled and received leg injuries, the suit states. He also incurred medical costs, suffered disability and disfigurement and experienced pain and suffering.

T.M.A. Play is accused of negligently failing to properly inspect the bouncy toys and allowing a rip to exist in the toys.

The defendant denied the allegations against it in its March 23 answer. The defendant argues the plaintiff’s own negligence and comparative fault contributed to his alleged injuries.

T.M.A. Play also argues Toepfer signed a waiver of liability agreement, accepting responsibility for any sustained injuries.

The plaintiffs seek a judgment of more than $50,000, plus costs.

The Toepfers are represented by Kirk A. Caponi of the Law Offices of Williams, Caponi and Associates in Belleville.

T.M.A. Play is represented by James C. Leritz, Kelly T. Kirkbride and Christopher P. Leritz of Leritz, Plunkert & Bruning in St. Louis.

St. Clair County Circuit Court case number 14-L-738

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