An Alton couple filed a motion to dismiss a lawsuit filed by their relative alleging he fell on their basement stairs.
According to the complaint filed on Aug. 12, Chancey Nesbit claims he was visiting William and Pamela Nesbit at their home in September 2012. He alleges that as he was coming up the basement stairs, he tripped on loose carpeting and fell, seriously hurting his right leg.
William and Pamela Nesbit filed a motion to dismiss through attorney Jane Unsell of the Law Firm Unsell, Schattnik & Phillips, PC in Wood River on Sept. 26 claiming Chancey Nesbit failed to allege in his complaint whether the defects causing his fall were hidden or concealed. Unsell also claims the plaintiff failed to prove that the defendants were aware of the defects while the plaintiff was unaware.
“Plaintiff has failed to demonstrate to this court that defendants had a reasonable duty of care to protect him against any of the alleged conditions as pled in plaintiff’s complaint related to defendants’ premises,” Unsell states.
The plaintiff blames the defendants for allegedly failing to properly maintain the stairs, not having adequate lighting for the stairway and failing to have a handrail for the stairs.
Chancey seeks a judgment of more than $50,000.
Madison County Circuit Judge Dennis Ruth scheduled a motion hearing for Nov. 1 at 9 a.m.
Samuel A. Mormino Jr. of Alton represents the plaintiff.
Madison County Circuit Court case number 13-L-1348