Christina Stueve Hodges Jan. 9, 2013, 7:14am
Madison County Circuit Judge Dennis Ruth has set a Jan. 18 hearing for Granite City and Madison County Mass Transit District’s motion to dismiss a bicyclist's personal injury suit.
The district filed its motion to dismiss Dec. 20, stating that it is a local public entity, not liable for an injury where liability is based on the existence of a condition of any public property intended or permitted to be used for recreational purposes, including parks, playgrounds and open areas.
Ian Hester sued the entities last April over a July 24, 2011 bicycle accident on Confluence Trail.
He claims he fell more than 10 feet when he tumbled off a road while riding his bicycle, mistakenly believing the road ended in a bike trail.
Hester seeks a judgment exceeding $50,000.
He is represented by Samantha S. Unsell of Belleville.
Donald Ohl of Heather Mueller-Jones in Edwardsville represents the Agency for Community Transit.
Eric Evans of Evans Blasi in Granite City represents Granite City.
Madison County Circuit Court case number: 12-L-549.