Ceiling falls on woman watching TV, suit claims

Kelly Holleran Jan. 28, 2010, 3:33am

A Madison County woman claims she sustained a fractured left arm after a ceiling in her apartment fell on her.

Patricia Taylor filed a lawsuit Jan. 25 in Madison County Circuit Court against Douglas A. Hartmann and Palmira Hartmann.

Taylor claims she lived at 605 Louis Rd. in apartment 600 in Collinsville in an apartment owned by the defendants on June 11 when the incident occurred.

"On the evening of June 11, 2009, Plaintiff was watching television in the front room of her apartment when the ceiling caved in," the suit states. "At that time, the ceiling struck Plaintiff on her left arm, causing a fracture."

Following the incident, Taylor requested the Hartmanns retrieve her belongings from her apartment, but they refused to do so, according to the complaint.

"Plaintiff returned to her apartment on June 12, 2009, to get her belongings," the complaint says. "In the process of gathering her belongings, Plaintiff was distracted by the ceiling damage and water leakage and immediately fell and injured her left leg."

Because of the incidents, Taylor claims she suffered injury to her left wrist and leg; experienced pain; incurred medical costs; and lost her personal property and her enjoyment of life.

She blames the defendants for the incident, saying her injuries were foreseeable because a water damaged ceiling is likely to cause injuries.

"The magnitude of the burden to guard against such injuries was small as Defendants needed only to provide routine maintenance and remove Plaintiff's items," the suit states.

In her three-count suit, Taylor seeks a judgment of more than $150,000, plus costs and other relief the court deems just.

K. Lindsay Rakers of Goldenberg, Heller, Antognoli and Rowland in Edwardsville will be representing her.

Madison County Circuit Court case number: 10-L-68.

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