Madison County, housing authorities move to dismiss personal injury claim

Amelia Flood Aug. 16, 2010, 10:00am


Madison County and other defendants in a personal injury case are moving to dismiss a suit brought by a man who claims they failed to properly remove snow and ice at his East Alton apartment complex.

Madison County Chief Judge Ann Callis is set to hear the move to dismiss plaintiff Jeffrey McQuaid's second amended complaint at 9 a.m. on Friday.

McQuaid claims Madison County, the Madison County Redevelopment Corporation and the county's Housing Authority willfully and wantonly failed to properly remove snow and ice from the sidewalks at his apartment building in February 2004.

McQuaid claims he slipped on the ice and snow and was injured.

The defendants argue in the motion to dismiss that McQuaid fails to support his claims.

The suit seeks damages in excess of $100,000.

In his complaint, McQuaid claims the defendants removed some but not all of the ice and snow.

He alleges the defendants willfully and wantonly failed to provide the proper staff and equipment to clear the accumulations, failed to close off the parts of the sidewalk that were still icy, failed to warn tenants and failed to properly remove the "unnatural

In the June 22 motion to dismiss the plaintiff's second amended complaint, the county and its fellow defendants argue that McQuaid simply changed his earlier claims that their conduct was negligent to claims that it was willful and wanton when he amended his suit.

The defense counters that McQuaid does not allege the series of acts needed to prove Madison County and the two housing bodies acted willfully and wantonly as required by law.

The plaintiff is represented by Timothy Campbell of Godfrey.

Madison County, the Madison County Redevelopment Corporation and Madison County Housing Authority are represented by Charles Pierce of Belleville.

The case is Madison case number 05-L-099.

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