Dairy store trip and fall suit settles, had been set for trial Tuesday

Amelia Flood Jan. 12, 2011, 12:41am


A trip and fall suit filed against the owners of a Farm Fresh dairy store in Granite City is over.

According to two docket entries in the case file dated Jan. 10, the parties stipulated to a dismissal in the suit brought by Dolye Miller.

Madison County Chief Judge Ann Callis dismissed the case with prejudice the same day, eight days before she was set to open its trial.

Miller filed suit in 2008 claiming that D&M Dairy Store Inc. and Cintas Corp. #452 failed to take ordinary care to prevent injuries he suffered when he tripped and fell at their store on Nameoki Road on Sept. 10, 2006.

The plaintiff claims the defendant allowed floor mats not appropriate for the circumstances to accumulate in their walkways and exits and failed to repair the walkway to prevent Miller's fall.

Miller is suing Cintas for allegedly supplying the floor mats in question.

The plaintiff sought damages in excess of $50,000 and costs for each of the two counts of his suit.

The docket entries do not provide details as to what if any
settlement was reached between the parties.

Copies of the filings and Callis' dismissal order are not yet available in the case file.

John Frederick represents the plaintiff.

Stephen Christiansen represents D&M Dairy.

Chad Jennings represents Cintas.

The case was previously assigned to former Madison County Circuit
Judge Daniel Stack.

The case is Madison case number 08-L-669.

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