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MADISON - ST. CLAIR RECORD

Friday, April 19, 2024

Edwardsville woman asks for dismissal of case against architects

An Edwardsville woman who sued an architecture company alleging she was injured while walking around a building at SIUE has requested to dismiss her lawsuit without prejudice.

A dismissal without prejudice does not bar the plaintiff from refiling the lawsuit.

Joy Tedford sued FGM and Williams Brothers Construction June 25, 2012 in Madison County Circuit Court, claiming the companies negligently designed a roof on the SIUE campus where she is employed.

Her motion for voluntary dismissal without prejudice was filed March 25.

“That at anytime prior to trial the plaintiff, Joy Tedford, has an absolute right to voluntarily dismiss her case without prejudice,” the motion states.

Tedford denied the affirmative defenses asserted by defendant FGM Architects last August.

The company claimed Tedford was negligent when she failed to keep a lookout for snow and ice while walking around a campus building on the date of the alleged incident, Feb. 2, 2011.

FGM also responded that Tedford's suit was time-barred by state statute, since its design work was completed no later than 2000, and more than 10 years had elapsed since their work was complete and the time of the alleged incident.

It further asserts that Tedford failed to protect herself from injury and is entitled to no recovery in that she was more than 50 percent at fault for her injuries.

James R. Williams of Williams, Caponi & Foley in Belleville represents Tedford.

Steven M. Cockriel and Philip Christofferson of St. Louis represent FGM Architects.

William Knapp of Knapp, Ohl & Green represents Williams Brothers Construction.

The suit was seeking in excess of $50,000 in damages.

Madison County Circuit Judge Andreas Matoesian presides.

The case is Madison County number 12-L-893

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