Slip and fall at dairy store subject of Mudge's first trial

Amelia Flood Jan. 27, 2011, 10:00am


Madison County's newest circuit judge, William Mudge, is set to preside over his first civil trial Monday in a case brought by a woman who slipped and fell at a Farm Fresh Dairy Store.

Plaintiff Kelly Davenport is suing the store and its owner, Chester Dairy Co., for allegedly failing to maintain the parking lot of the Collinsville Farm Fresh store she visited Feb. 15, 2009.

While at the store, Davenport claims that she fell near an ice machine in the parking lot due to loose gravel, pot holes and debris.

Farm Fresh and its parent company deny the claims and claim that Davenport's own negligence caused her injuries.

Davenport is seeking damages in excess of $50,000 for injuries to her right knee, left ankle and body.

The trial is set to open with jury selection at 9 a.m. on Monday.

From filings in the suit's case file, it appears Davenport and her treating doctor, Dr. Timothy Penn, could testify at trial.

Mudge was sworn in to replace Madison County Circuit Judge Daniel Stack following Stack's retirement last year.

Mudge, a Democrat, ran unopposed for Stack's seat.

Although he took the bench in December 2010, Mudge did not preside over any trials that year and has not overseen any this month.

Andrew Toennies represents Davenport.

Amy Simkins represents Farm Fresh Dairy.

The case is Madison case number 09-L-804.

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