Mall customer claims injuries after tripping near Dillard's

Ann Knef Aug. 6, 2008, 9:49am

St. Clair Square

St. Clair Square customer Lavinia Hoelter is seeking in excess of $250,000 in damages for injuries she says she sustained outside the Fairview Heights mall when she tripped over fencing material.

Hoelter filed suit against the mall and other defendants she claims were negligent in creating an unsafe construction zone.

Also named in the five-count lawsuit filed Aug.4 in St. Clair County were property manager ERMC Property Management Co. of Illinois, CDI Contractors, Dillard's and National Rent-A-Fence.

Hoelter claims she hurt her left shoulder near an entrance to Dillard's department store Sept. 9, 2006.

She claims the defendants failed to properly mark fencing materials so that customers would be alert to its presence.

"That the defendant(s) negligently allowed said fencing materials to be placed adjacent to a sidewalk and not advising the contractor to remove it to make the ingress and egress to its store safe," the complaint states.

Hoelter is represented by Bruce Mattea of Collinsville.

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