Case management conference set in deaf woman's suit against QuikTrip

Amelia Flood Jul. 19, 2011, 8:43am


A case management conference is set in a personal injury suit filed against QuikTrip Corporation by a legally deaf woman whose previous suit over the same injury was dismissed twice.

Madison County Chief Judge Ann Callis allowed Nelson to re-file her suit against QuikTrip earlier this year after hearing arguments that Nelson did not consent to her former attorney's dismissal of her previous 2007 suit against the gas station and convenience store owner.

Callis ultimately dismissed the 2007 case noting the statute of limitations had passed but allowed a new case on the same claims to go forward.

Madison County Circuit Judge Dennis Ruth is now set to oversee the case management
conference July 29 at 9 a.m.

QuikTrip has filed a move to quash service in the case that remains pending.

Nelson is suing QuikTrip for damages in excess of $50,000 and other relief due to a broken leg she claims to have suffered when no one assisted her with a gas pump despite her use of a call button designed to summon help.

Nelson claims she then tripped over a gas line breaking the leg as result of the defendant's negligence.

Ruth continued a June hearing on the motion to quash service to allow Nelson more time to properly serve the defendant.

According to the defense motion, Nelson improperly served the receptionist at Kortenhof McGlynn LLC instead of QuikTrip's registered agent.

Nelson is currently representing herself.

James Parrot represented her in the 2007 suit that Callis dismissed.

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

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