Tenant slips on food stuffs near dumpster, sues apartment owner

Ann Knef Apr. 21, 2008, 11:30am

Apartment tenant Pamela L. Marcus injured her back and internal organs after she slipped on food stuffs in the parking lot of the 115 East B Apartments in Belleville last year.

Marcus is seeking in excess of $75,000 plus costs from apartment owner Noble-Vollmer Realty, according to a suit filed April 16 in St. Clair County Circuit Court.

Marcus claims the defendant negligently allowed garbage and food stuffs to be left near the base of a garbage dumpster in the parking lot when it knew that could cause tenants to slip and fall and become injured.

"That the garbage and food stuffs defects mentioned were not open and obvious; and if they were the Plaintiff was distracted by the dumpster, its lid, the ability by the dumpster, and the opening of the lid to dispose of the garbage," the complaint states.

Marcus is represented by Paul M. Storment, Jr. of Belleville.

She also claims Noble-Vollmer Realty is negligent for failing to warn tenants about the condition and for failing to maintain the parking lot.

According to the suit, Noble-Vollmer Realty allegedly "failed to provide a garbage disposal system which would not permit garbage and food stuffs to remain on, or upon the parking lot, when they knew in the exercise of ordinary care, should have known that their failure to provide garbage disposal system which allowed garbage and food stuffs to remain on the parking lot would cause injuries to persons," the complaint states.

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