Legally deaf woman re-files case against QuikTrip

Amelia Flood Feb. 11, 2011, 2:25am

A legally deaf woman has re-filed a personal injury case that she claims was dismissed against her wishes.

Lois Nelson beat the statute of limitations on her claims by just over two weeks.

Nelson, speaking through an interpreter, told Madison County Chief Judge Ann Callis at a hearing Feb.4 that she would continue the suit even though her former attorney would no longer represent her.

"I'm just going to have to do it myself," Nelson said. "I'm smart. I can fight."

Nelson filed her new suit against QuikTrip Feb. 8 over a broken leg she claims to have suffered when she tripped on a gas line at one of the company's service stations.

Nelson originally sued QuikTrip in 2007.

Her suit sought damages in excess of $50,000 and other relief.

The suit was dismissed without prejudice last year.

St. Louis attorney James Parrot filed to dismiss that case and had represented Nelson.

Nelson then filed a motion on her own behalf to asking that her case be reinstated.

She claimed in that Jan. 6 filing that her suit was dropped against her wishes.

Parrot, appearing at the Feb. 4 hearing along with Nelson, disputed that claim.

Parrot also withdrew formerly at that time.

Callis denied Nelson's move to reinstate for procedure's sake.

The chief judge gave Nelson leave to re-file the suit.

However, she cautioned Nelson that the filing had to be done before Feb. 24 because the statute of limitations would run out on the claims.

According to the Feb. 8 complaint, Nelson claims that after driving to an East Alton QuikTrip she pressed a button requesting service due to her lack of hearing.

When no help came, the plaintiff contends that she removed the gas pump's nozzle from, her car, hung it up, and began to walk toward the station's store.

She then alleges she was distracted by traffic at the gas station and tripped over a gas line hanging from another pump.

The plaintiff claims she broke her left leg and irritated an old injury to her shoulders.

She is seeking damages in excess of $50,000 and costs per each of the two counts of her case.

Nelson of Godfrey represents herself.

No counsel is listed for QuikTrip as yet.

The new case is Madison case number 11-L-123.

The original case was Madison case number 07-L-725.

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