Injury trial against Alton restaurant to begin Monday

Steve Gonzalez Oct. 30, 2008, 9:41am


A personal injury trial against the Alton Golden Corral is scheduled to begin at 9 a.m. on Monday.

Jacqueline Presley filed the suit July 31, 2006, alleging she injured her left knee after falling on a "spilled liquid" on Aug. 18, 2004, while dining at the buffet-style restaurant.

Golden Corral is located at 2723 Corner Court in Alton.

Presley alleges the restaurant negligently and carelessly maintained the floor, failed to clean the floor, failed to inspect the floor and failed to warn about the presence of liquids on the floor and rugs.

Represented by Laura Cole of Alton, Presley claims her knee injury caused and continues to cause pain and suffering, medical expenses and a disability.

At trial, Golden Corral will argue the liquid was an open and obvious condition therefore they owed Presley no duty of care, court filings indicate.

The restaurant will also argue Presley assumed the risk of injury by walking over an open and obvious condition after first observing the condition and understanding the risks.

In addition, Golden Corral will argue Presley failed to keep a proper lookout, carelessly walked through a puddle of liquid and assumed the risk when she decided to step through the liquid.

Michael McDonald, Jr., of St. Louis will represent Golden Corral.

Madison County Circuit Judge Barbara Crowder will preside over the jury trial.

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