QuikTrip moves to quash service in deaf woman's trip and fall suit
QuikTrip is moving to quash service in a refiled personal injury suit brought against it by a legally deaf woman.
Plaintiff Lois Nelson refiled her suit earlier this year after her first case was dismissed in 2008.
Nelson alleged that her then-attorney, James Parrott, dismissed her 2007 case against QuikTrip without her permission.
Although Nelson had asked Madison County Chief Judge Ann Callis to reinstate the 2007 case, Callis instead allowed her to re-file the suit.
Nelson is currently seeking damages in excess of $50,000 and costs per each of the two counts of her 2011 complaint.
She alleges that she fell and broke her leg after she was forced to attempt to get help at a QuikTrip station where its attendants did not answer calls from the disability assistance button on the gas pump.
According to QuikTrip's May 4 motion, Nelson, who currently represents herself in the suit, improperly served the receptionist for Kortenhof McGlynn LLC with a summons instead of QuikTrip's registered agent, CT Corporation System.
Kortenhof McGlynn claims it and its receptionist are not the defendants' registered agents in the case. They allege the service was improper.
The defendant asks the court to quash service due to the improprieties.
Quik Trip has yet to answer the suit.
Demetra Sotiriou represents the defendant. Her representation is limited to the service matter.
Madison County Circuit Judge Dennis Ruth presides.
The case is Madison case number 11-L-123.