Faith Countryside Homes answers plaintiff's first amended complaint
Faith Countryside Homes filed an answer to a plaintiff's first amended complaint on May 10 stating that alleged injuries were caused by an obvious condition, and that the company had no duty to protect from such conditions.
Plaintiff Judith Simmons says she walked through a door at Faith Countryside Homes, a retirement community in Highland, where she fell into a four-foot hole and injured both lower extremities.
Simmons allegedly suffered pain, mental anguish, disability and disfigurement, has been prevented from tending to her duties, lost wages, and has incurred medical expenses.
Faith Countryside Homes states Simmons' injuries were caused by her own negligence. She failed to keep a proper lookout and she assumed the risk of injury by traversing an open and obvious condition.
Co-defendant Maul Excavating filed an answer to the plaintiff's first amended complaint on May 4, claiming Simmons negligently failed to keep a proper lookout while walking.
Faith Countryside Homes, Kane Mechanical and Maul Excavating are defendants in the case filed last year.
The defendants are accused of failing to take reasonable steps to guard against the hazard they created, including failure to prevent entry into the door or post any warning of the hazard inside.
Simmons seeks a judgment of more than $75,000.
Thomas Q. Keefe Jr. of Belleville represents Simmons.
Charlie Hamilton is co-counsel for Simmons.
Michael P. McDonald, Jr. of Thompson & McDonald in St. Louis represents Faith Countryside Homes.
Beth Boggs and Michael Lach of Boggs, Avellino, Lach & Boggs in St. Louis represent Kane Mechanical.
Daniel Price of Wham & Wham Attorneys in Centralia represents Maul Excavating.
Madison County case number 11-L-579.