Woman sues O'Fallon over injury at Sports Park

Andrea Dearden Mar. 24, 2011, 2:32am

A woman is suing the City of O'Fallon and its insurance provider over injuries allegedly received at the city soccer fields.

Vivian Burgess filed the lawsuit Feb. 14 in St. Clair County Circuit Court against the City of O'Fallon and ClaimsOne.

The alleged incident happened in March 2010 at the O'Fallon Family Sports Park on Obernuefenann Road. Burgess says plywood sheets had been put on the ground to provide a walkway between the parking lot and soccer fields.

Burgess says the makeshift walkway caused her to hurt her shoulder, wrist and neck. She accuses the city of negligence for failing to construct a safe and suitable path and for failing to remove the plywood in dry weather when it became unnecessary. She is asking the city to pay more than $50,000 in damages for pain and suffering.

Also named is ClaimsOne, the administrator of the city's insurance. Burgess says the company offered her a "no-fault medical payment" of $1,000 in exchange for a "release of all claims."

According to the complaint, Burgess is 69-years-old. She contends the insurance company took advantage of her age. Burgess says she should be entitled to payment without an obligation to sign a legal release.

Burgess accuses ClaimsOne of improper claims practice and violations of Illinois Insurance Code. She is asking the company pay 60 percent of the judgment against the City of O'Fallon or $60,000.

Attorney John H. Lesketa of Collinsville is representing Burgess.

St. Clair County Circuit Court Case No. 11-L-68

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