Doctors sued by woman who slips on ice in parking lot

Kelly Holleran Dec. 16, 2009, 9:32am

A woman blames two doctors for her torn rotator cuff, which she says happened after she fell on ice in a parking lot.

Geraldine and Danny Augustine filed a lawsuit Dec. 14 in Madison County Circuit Court against Dr. Michael Jones, Dr. John Kleinhoffer and Frey Properties of Highland.

The Augustines claim they had scheduled an appointment to see Jones on Dec. 17, 2007, at about 9:45 a.m. and parked their car in front of Jones' office that he shared with Kleinhoffer.

Snow and ice had accumulated on the sidewalk and parking lot of the office, which made for slippery conditions, according to the complaint.

"At said time and location, Geraldine, who had driven the plaintiffs' motor vehicle to said location, exited the motor vehicle via the driver's side door and attempted to walk around the front of plaintiff's vehicle to assist plaintiff Danny Augustine in getting out of the vehicle," the suit states. "As a proximate result of said negligent acts or omissions of Dr. Jones and/or his employees and agents, Geraldine slipped and fell at said time and location and suffered personal injuries, including a completely torn rotator cuff muscle in her left shoulder and arm, and also endured pain and suffering, and incurred medical costs, hospital costs, physical therapy costs, and pharmacy costs."

In addition to Geraldine's injuries, Danny Augustine says he has lost his wife's consortium.

At the time of the incident, Jones maintained the office in the strip mall located at 1312 Mercantile Drive in Highland, while Kleinhoffer leased the office from Frey Properties, the complaint says.

The Augustines blame the defendants for failing to provide a reasonably safe entrance and exit, for failing to provide an adequate warning of the dangerous condition, for failing to remove snow and ice and for allowing a slippery condition to exist on the sidewalks.

In the six-count suit, the Augustines are seeking a judgment of more than $225,000, plus costs.

Dennis L. Koch of Highland will be representing the Augustines.

Madison County Circuit Court case number: 09-L-1348.

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