Heather Isringhausen Gvillo Mar. 30, 2015, 5:08pm

A homeowner accused of negligence when his lamp post collapsed on a guest claims the plaintiff’s alleged injuries were the result of her own negligence.

According to Dianne McPeak’s Nov. 21 complaint, she claims she was visiting defendant Sean McPeak at his home at 120 Dorchester Drive in Belleville on Dec. 2, 2012, when the lamp post allegedly collapsed. The plaintiff claims the lamp post had been loosened from its foundation when Sean McPeak struck it with his automobile, the suit states.

As a result of the alleged incident, the plaintiff claims she suffered feet, leg, hip, pelvis, torso, hand, arm, shoulder, neck and head injuries. She also required hospitalization and several surgeries, the suit states.

The plaintiff alleges negligence against Sean McPeak, accusing him of failing to keep his property free from dangers, failing to fix the hazards presented by the lamp post and failing to warn of the dangers.

The defendant denied the allegations against him in his Jan. 8 answer. Instead, he claimed that the plaintiff’s own negligence contributed to her alleged injuries.

The plaintiff also denied the allegation in her Jan. 20 reply.

Dianne McPeak seeks a judgment of more than $50,000, plus costs, fees, attorney fees and other relief the court deems just.

John J. Driscoll and Gregory J. Pals of The Driscoll Firm in St. Louis represent the plaintiff.

Dale L. Bode of Walker and Williams PC in Belleville represents the defendant.

St. Clair County Circuit Court case number 14-L-764

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