Homeowners sued by invitee who fell from deck

Steve Gonzalez Apr. 23, 2008, 2:20pm

A man who fell from a deck filed a personal injury suit against Walter E. Haire Living Trust, Walter Haire and Mary Bailey in Madison County Circuit Court April 22, alleging they failed to warn him that the deck was in a state of disrepair.

Michael Strong claims he was an invitee at 984 Surrey Drive in Edwardsville just after midnight on April 21, 2006, or very early morning on April 22, 2006, which is owned by the defendants.

Strong claims he was on the back deck when he fell backward through the deck railing making "violent contact" with the ground which caused various permanent and severe internal and external injuries.

He claims the defendants were guilty of the following negligent acts:

  • Allowing the railing on the back deck of the premises to fall into disrepair when they knew, or should have known, the presence of an improperly maintained deck created a dangerous and unsafe condition;

  • Failing to warn him and other members of the public of improperly maintained deck;

  • Failing to repair or properly secure the railing of the deck;

  • Inviting and permitting him to use the deck when it created a dangerous condition; and

  • Failing to inspect the deck at the premises for proper construction, maintenance needs or deteriorating conditions.

    Strong claims his injuries caused him to suffer great physical pain and mental anguish, medical expenses and lost wages.

    Represented by William Mateyka and Kenneth Beljansji of Granite City, Strong is seeking damages in excess of $150,000, plus costs.

    The case has been assigned to Circuit Judge Daniel Stack.

    08 L 336

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