Repairman sues Jack in the Box after slipping in store

Kelly Holleran Mar. 2, 2011, 1:36am


A man claims he sustained a tear to the cartilage in his knee after he fell while attempting to repair a soda fountain machine at Jack in the Box.

Leon Elgin filed a lawsuit Feb. 17 in Madison County Circuit Court against Jack in the Box.

Elgin claims he attempted to either repair or replace a soda fountain machine in the Jack in the Box store located at 1613 Madison Ave. in Granite City on April 30, 2009, when the incident occurred.

"Plaintiff was walking on the floor inside the Jack in the Box Restaurant when Plaintiff was caused to slip and fall due to water, liquid and/or grease on the floor of the Jack in the Box Restaurant," the suit states.

Because of his fall, Elgin sustained a torn and fractured chondral of the right lateral tibial plateau and suffered physical pain and mental anguish, the complaint says. In addition, the full motion of his right knee and right leg has been impaired, he incurred medical costs of about $21,000, he suffered lost wages of about $5,863 and he lost his ability to enjoy life and to engage in activities, according to the complaint.

Elgin blames Jack in the Box for causing his fall, saying it negligently failed to place warning signs or markers on the wet floor; failed to warn of the presence of water, liquid or grease; failed to remove the liquid; and failed to ensure a safe floor. In addition, the restaurant negligently failed to barricade the area of the floor that had liquid, failed to properly inspect the floor, failed to provide a safe place for Elgin to work, failed to have a safe procedure for removing liquid and allowed liquid to remain on the floor, according to the complaint.

In his complaint, Elgin seeks a judgment of more than $50,000, plus costs.

Alan S. Mandel of Mandel and Mandel in St. Louis will be representing him.

Madison County Circuit Court case number: 11-L-157.

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