Village sued over three-and-a-half inch protruding sidewalk

Kelly Holleran Feb. 9, 2009, 5:00am

A man who tripped and fell over a protruding piece of sidewalk while leaving his son's apartment has filed suit against the village of Fayetteville and the owner of the apartments.

On July 19 Laurence Madden was walking in front of an apartment building on the 2300 block of South Second Street in Fayetteville when he tripped over a piece of sidewalk "that was protruding approximately 3 ½ inches above the surface," the suit filed Feb. 2 in St. Clair County Circuit Court states.

Because of his fall, Madden's various muscles, ligaments, membranes, nerves, blood vessels and tissues were sprained, torn, cut or bruised and he became sick sore, lame and disordered, according to the complaint.

Madden also claims he suffered great pain and anguish as well as injuries to his right arm and he incurred substantial medical expenses.

Fayetteville was negligent by allowing a protruding piece of sidewalk to remain, by failing to repair the sidewalk and by failing to warn Madden of the presence of the protruding sidewalk, according to the complaint.

Ludgar Schilling, the owner of the apartment building negligently failed to exercise reasonable and ordinary care in maintaining its premises, failed to warn Madden of any dangerous conditions on the premises and failed to warn Madden of any hazardous or unreasonably dangerous conditions that existed on the property, the suit states.

In the two-count suit, Madden is seeking a judgment in excess of $100,000, plus costs and other relief the court deems just.

Richard G. Reed and Jeanine R. Armstrong of Reed and Bruhn in Belleville will be representing him.

St. Clair County Circuit Court case number: 09-L-0056.

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