Plaintiff claims lawyer dismissed QuikTrip case without her say, wants it reopened

Amelia Flood Jan. 26, 2011, 8:11am

A deaf woman is asking that her suit against QuikTrip be reinstated because she didn't agree to dismiss it last year.

Plaintiff Lois Nelson, who claims to have broken her leg after tripping over a gas pump line, filed her petition asking for the review of her case and its re-opening on Jan. 6.

Nelson's suit was dismissed without prejudice last year in February.

The case docket shows that her attorney indicated the suit had settled.

The hearing on the petition is set Feb. 4 at 9 a.m. before Madison County Chief Judge Ann Callis.

In her suit, Nelson contends that she pressed a call button for assistance due to her hearing loss when she went to get gas at an East Alton QuikTrip on Aug. 26, 2005.

Despite pressing the button several times, no station staff came to help her.

Nelson claims she then removed the gas pump from her car, hung it up and started to walk toward the station's store.

She then tripped on the line breaking her leg.

Her suit seeks damages in excess of $50,000 and costs.

According to the Jan. 6 motion, Nelson did not want to drop her case.

She claims she was not aware that her attorney, James Parrot of St. Louis, planned to dismiss the suit and was "upset," that she was not
notified about the dismissal.

Nelson asks for the review because she claims to have new evidence of QuikTrip's negligence.

"Case was dismissed without my approval," the motion reads.

She asks the court to reopen the suit.

There is no defense response to the petition on file as yet.

Steven Asher represents QuikTrip.

The case is Madison case number 07-L-725.

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