Grandmother sues Aeropastle over shopping trip

Kelly Holleran Apr. 7, 2010, 12:00pm

A woman claims she sustained a fracture to her left hand and knee after she tripped over a stool at Aeropostale in the St. Clair Square Mall.

June P. Gagen filed a lawsuit March 24 in St. Clair County Circuit Court against Aeropostale.

Gagen claims she took her granddaughter to shop for clothing at the store on Jan. 10. As Gagen attempted to retrieve clothing for her granddaughter, she fell over a stool partially protruding into the walkway of the defendant's store, according to the complaint.

Because of the fall, Gagen sustained serious, painful and permanent injuries, including fractures to her left hand and left knee and contusions of her head and body; sustained pain and suffering; has been prevented from attending to her usual duties and affairs, causing her to lose income; and incurred medical costs, the suit states.

Aeropostale negligently maintained its clothing racks and walkway in such a manner to obstruct the view of the stool from the patrons, maintained a stool protruding into the walkway making it dangerous for customers to move through the hallway, failed to inspect its store to determine whether the property contained a hazard to the health of its patrons and failed to warn its invitees of the stool, the complaint says.

In her complaint, Gagen seeks a judgment of more than $50,000, plus costs.

Stephen M. Kernan of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing her.

St. Clair County Circuit Court case number: 10-L-141.

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