Rotted steps caused tenant to fracture heel bone, suit claims

Kelly Holleran Feb. 11, 2010, 6:42am


A Madison County man has filed suit against his landlord, claiming he sustained a fractured left heel bone after rotted wooden steps allegedly collapsed beneath him.

Danny Atwood claims he lived in apartment B on the second floor of an apartment structure located at 803 Bond Ave. in Collinsville when the accident occurred on June 13. Defendant Thomas Wyatt owned the apartment building.

"On June 13, 2009, Atwood was seriously, severely and permanently injured as he was going down the steps in question when two of the steps gave way, thus sending Atwood down to the concrete walkway below, thus crushing and fracturing his left heel bone," the suit filed Feb. 2 in Madison County Circuit Court states.

In addition to his fractured left heel bone, Atwood experienced extreme pain and suffering, incurred medical costs, suffered a permanent disability and incurred a permanent loss of his normal life, according to the complaint. In addition, he suffered a permanent loss of enjoyment of life, experienced depression and anxiety and lost his earning capacity, the complaint says.

He blames Wyatt for causing his injuries, saying Wyatt allowed the steps to decay and become brittle, failed to install the steps in compliance with the Collinsville Building Code, failed to replace the rotten steps with steps made of new, quality lumber and failed to warn users of the steps of their dangerous and rotten condition.

In his two-count suit, Atwood is seeking a judgment of more than $100,000, plus costs and other relief the court deems just.

Paul Johnson of The Law Office of Paul Johnson in Belleville will be representing him.

Madison County Circuit Court case number: 10-L-111.

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