Woman sues Mexican restaurant over snowy slip

Kelly Holleran Apr. 21, 2010, 5:00am

A Granite City woman and her husband have filed suit against a Mexican restaurant, alleging the restaurant failed to clear an accumulation of snow and ice from its parking lot causing the woman to fall.

Yvonne C. and Charles Mothershed claim Yvonne C. Mothershed visited defendant El Torero Mexican Restaurant in Granite City on Jan. 29, 2009, at about 5:30 p.m. to eat dinner.

According to the complaint filed April 12 in Madison County Circuit Court, Yvonne C. Mothershed parked her vehicle in El Torero's parking lot and was stepping onto the sidewalk in front of the restaurant's main entrance when she fell on snow and ice that had accumulated on the sidewalk.

Because of her fall, Yvonne C. Mothershed sustained severe injuries, fractures, bruises and contusions; became sick, sore, lame and disordered; experienced an impaired ability to work and engage in other activities; and sustained great mental anguish, physical pain, suffering and a permanent disability, the suit states. In addition, because Yvonne C. Mothershed has been unable to perform her usual duties, Charles Mothershed has forced to incur costs to secure the performance of her duties, the complaint says.

Charles Mothershed claims he has been deprived of his wife's society, conjugal fellowship, companionship and aid.

El Torero and co-defendant Custom Pools, who removed snow from the sidewalk, negligently failed to properly remove snow and ice from its sidewalk, failed to apply chemicals to the sidewalk to remove snow and ice and failed to monitor and to inspect the conditions of the sidewalk in front of its business, the complaint says.

In their six-count suit, the Mothersheds are seeking a judgment of more than $300,000, plus costs and other relief the court deems just.

Christopher B. Hunter of Roth Evans in Granite City will be representing them.

Madison County Circuit Court case number: 10-L-415.

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