Ann Maher May 2, 2013, 9:01am

A motion to dismiss a personal injury case against Macy’s and St. Clair Square mall will be heard at 9 a.m. on May 28 before St. Clair County Circuit Judge Andrew Gleeson.

Evelyn Votopual of Granite City sued the retailer and mall last October claiming she was hurt when a mall-provided scooter she was riding upon was knocked over by a clothing rack.

She claims the rack was sticking out in an aisle but was hidden by clothes hanging on it. Her scooter hit the rack, causing it to turn over, the suit claims.

The defendants argue in their joint motion to dismiss that the plaintiff has not stated a cause of action.

“The only allegation made against the St. Clair Square Defendants is they were negligent in failing to provide an appropriate scooter and nothing more is described,” the motion to dismiss states.

“Since plaintiff does not allege as to how these defendants were negligent and plaintiff does not allege that any alleged negligence of these defendants caused injury to the plaintiff, these defendants should be dismissed.”

Attorney Ronald A. Roth of Granite City represents the plaintiff.

Dean Nichols and Christopher Meyer of Pitzer Snodgrass in St. Louis represent St. Clair Square.

The defendants had sought substation from Circuit Judge Robert LeChien, which was granted in January.

St. Clair County Circuit Court Case No. 12-L-535

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