Judge Ruth denies summary judgment to Pizza Hut in door injury case

Steve Korris Jan. 22, 2009, 8:19am


Madison County Circuit Judge Dennis Ruth finds attorney Amanda Verett's personal injury suit against Pizza Hut of America confusing, but he plans to learn more about it.

Ruth denied summary judgment to Pizza Hut on Jan. 13.

"The Court notes that while statements of the plaintiff are contradictory and at times confusing the Court is obligated to view the evidence in a light most favorable to the plaintiff," Ruth wrote.

"In such a light the Court is unable to conclude that there are no issues of material fact," he wrote.

He ignored a squabble over a deposition of a pizza delivery driver, denying motions for sanctions from both sides.

Verett claims she suffered injuries on her way out of a Pizza Hut in Troy. Her attorney, Thomas Maag of Edwardsville, blames the door.

Verett and Maag tried to blame Troy police officer Clarence Jackson, alleging that he negligently jerked the door as she held it.

Ruth granted summary judgment to Jackson in December, ruling that public employees enforcing the law enjoy immunity from negligence claims.

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