Collinsville restaurant sued over customer's slip on black ice

Kelly Holleran Aug. 4, 2010, 5:16am

A woman has filed suit against a Collinsville restaurant, alleging she fractured her elbow, pelvis and tailbone after falling on black ice in a parking lot.

Bertha Donley claims visited Feto Jusufi doing business as Spring Garden Family Restaurant on Feb. 2, 2009, where she ate breakfast.

After finishing her meal, Donley walked into the parking lot where she encountered an unnatural accumulation of black ice and fell, according to the complaint filed July 22 in Madison County Circuit Court.

"That due to the design of the building, the parking lot and drainage areas, water drained and puddled in the area provided for customer parking, and said area froze unnaturally and became dangerous to patrons," the suit states. "That the downspout of the guttering near the exit door was missing at the time of the incident."

In addition to her multiple fractures, Donley suffered great physical pain and mental anguish, incurred medical costs and has been unable to attend to her normal duties, the complaint says. She also claims she endured disability and loss of a normal life.

Donley blames Spring Garden for causing her fall, saying it negligently failed to maintain its parking lot, failed to have a proper drainage system, allowed an unnatural accumulation of ice to remain in the area and failed to repair its guttering and drainage systems.

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

Michael P. Glisson of Williamson, Webster, Falb and Glisson in Alton will be representing her.

Madison County Circuit Court case number: 10-L-766.

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