Heather Isringhausen Gvillo Aug. 30, 2013, 6:36am

Madison County Chief Judge David Hylla has scheduled a pre-trial hearing in a case against a Troy supermarket employee who allegedly videotaped and photographed a Highland woman in the store's restroom.

In her complaint, Ann Gray alleges Schuette SuperValu Market employee Jonathan Spotanski used his cell phone to take pictures and video record her through a hole in the ceiling of the ladies’ restroom.

Schuette SuperValu Market, located at 523 Troy Plaza, is also named as a defendant.

Schuette Stores demanded a trial by jury on Aug. 12.

On July 17, Gray motioned to amend her complaint, which Hylla granted.

Those amendments were later contested when the defendants motioned to dismiss counts one and two of the complaint on Aug. 12.

In its motion to dismiss, Schuette Stores says Gray claims it was “negligent for allegedly failing to prevent videotaping or photographs, for allegedly allowing a condition to exist that would allow for videotaping and photographs, and for allegedly failing to properly manage or supervise” Spotanski.

The store argues that while Gray claims it knew or should have known what Spotanski was up to, she failed to allege how or why Schuette Stores knew or should have known about the photographs or videotape.

Gray is represented by Adam E. Berry of Beatty & Motil of Glen Carbon.

The pre-trial hearing is set Sept. 27 at 9:30 a.m.

Madison County Court case number 13-L-683.

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