Pizza Hut property owner in default, Bryon rules

Steve Gonzalez Jul. 23, 2007, 10:15am

Madison County Circuit Judge Nicholas Byron ruled that the owner of the Troy Pizza Hut property where attorney Amanda Verett was allegedly injured on Feb. 12 is in default.

Byron entered an order against One O Nine Company on July 20, and set a hearing for Verett to prove her damages on Aug. 17.

In May, Byron awarded Verett a default judgment of $311,700, against Troy police officer Clarence Jackson whom she claimed caused her shoulder injury.

Jackson asked Byron to vacate the default claiming he was on duty at the time of the alleged incident and said he turned the suit over to the city to defend. Byron vacated the order on June 22.

Verett, a family attorney in Edwardsville, filed suit against Pizza Hut, One O Nine and Clarence Jackson alleging she was injured when walking out the door of Pizza Hut while holding open the door to allow herself and Jackson to exit.

She claimed Jackson grabbed the door in such a fashion that it caused the door to suddenly and sharply move and injured her right shoulder.

She claimed Jackson violated his duty to use ordinary care for the safety of others when he operated the Pizza Hut door which caused her to sustain an acromion process impingement in her right shoulder.

Verett claimed that due to the injury she suffered at Pizza Hut, she was unable to avoid falling on a later date and tore tendons and suffered injuries to her left hand and wrist, including a partial tear of the pronator quadratus muscle at the dorsum.

She claimed her injuries caused her to suffer a disfigurement, severe pain and discomfort and medical expenses.

Verett claimed Pizza Hut and One O Nine were negligent by maintaining a door for ingress and egress which was not reasonably safe and was likely to injure people when being held open and grabbed by another.

Verett's attorney, Tom Maag of Edwardsville, filed the motion for default judgment alleging One O Nine was served and failed to answer the complaint in 30 days as allowed by Illinois law.

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