Woman slips on water, mud and debris in Bethalto parking lot

Kelly Holleran Feb. 11, 2010, 5:15am

A woman has filed suit against the owners of a Bethalto building, alleging she fell on an accumulation of water and mud piled in the building's parking lot.

Kimberly S. Jarnagin claims she rented space in a building located at 431 S. Prairie in Bethalto from Debra Lowenstein doing business as Deb's Barber and Salon.

"On June 15, 2009, water, mud and debris flowed onto the parking lot from the building gutter system and areas around the newly constructed drain pipe," the suit filed Jan. 29 in Madison County Circuit Court states. "At that time and place, during regular business hours and while walking across the parking lot toward her office space in the building on the premises, the plaintiff slipped on water, mud and debris on the parking lot caused by conditions described in this Complaint."

Because of her fall, Jarnagin sustained severe and permanent injuries, experienced pain and suffering, incurred disability and lost income, according to the complaint. In addition, she incurred medical costs, the complaint says.

She blames Lowenstein for failing to properly construct the gutter system and drain pipe, for failing to properly secure the soil in the area by the drain pipe, for failing to properly maintain the gutter system and drain pipe and for failing to warn of the dangers of excess water and debris.

Jarnagin is seeking a judgment of more than $50,000, plus costs.

Timothy F. Campbell of Campbell and McGrady in Godfrey will be representing her.

Madison County Circuit Court case number: 10-L-96.

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