Homeowner answers handyman's complaint

Christina Stueve Jan. 20, 2012, 2:28am

A Belleville property owner is fighting back in a suit filed against him by a handyman who says a garage door fell on his head and back.

William Bach is being sued in St. Clair County by Howard Mister who claims he was working as a handyman at Bach's home in Belleville on Dec. 22, 2009, when the door allegedly fell on him.

Mister claims he suffered severe injuries and experienced physical and mental anguish from the accident. He also incurred medical costs, and his earning capacity suffered, according to the complaint filed Dec. 15.

Bach allegedly failed to keep the area in a safe condition, failed to warn Mister of the dangerous condition and failed to inspect the premises, the complaint says.

Bach's attorney David O. Hesi of St. Louis filed an answer to Mister's lawsuit on Tuesday.

In his defense, Bach claims Mister allegedly failed to maintain a proper lookout or observe areas obvious to the human eye.

He also undertook on his own authority to attempt repair of the garage door he complains about when he knew or should have known that he was not qualified or able to make such repairs he thought were necessary without the risk of harming himself. Mister also entered the garage on Bach's premises where Mister had no legal right to be on the date of the alleged incident.

Hesi filed a certificate of service notifying the court that a copy of Bach's questions and a request to produce information to the defense was mailed Jan. 13.

In his complaint, Mister is seeking more than $50,000.

Mister is represented by Jeanne L. AuBuchon in Belleville.

St. Clair County Circuit Court case number: 11-L-686.

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