Heather Isringhausen Gvillo Nov. 7, 2013, 9:06am

A woman accusing a Troy supermarket and employee of videotaping and photographing her in the ladies’ restroom filed an amended complaint on Oct. 3.

Plaintiff Ann Gray claims Schuette SuperValu Market employee Jonathan Spotanski used his cell phone to take photos and video recordings of her and another woman through a hole in the ceiling of the restroom.

Spotanski allegedly stood on the toilet in the men’s restroom and used a cellular phone to take photos and videos while reaching through the ceiling tile and over the wall separating the two bathrooms of the business, Gray alleges.

Gray was granted leave to amend her complaint on Sept. 27. She filed her amended complaint on Oct. 3 through attorney Adam E. Berry of Beatty & Moti of Glen Carbon.

In her amended complaint, Gray argues that Schuette SuperValu Market has attempted to conceal the gap between the ceiling and wall separating the men’s and women’s restrooms with a drop ceiling and unsecured ceiling tiles. At the time of the incident, several of those ceiling tiles were missing from both the men’s and women’s restrooms, the amended complaint states.

Spotanski was able to gather photographs and video recordings of the plaintiff by reaching through the ceiling space where the tiles were missing, Gray claims.

She also alleges that the Schuette SuperValu Market management didn’t know Spotanski’s whereabouts until Gray informed a manager of his actions in the men’s restroom.

She blames the store for negligent and careless maintenance of its premises for failing to assure no other customers or employees had access to unlawful videotaping or photographing customers using the women’s restroom, failing to ensure that the restrooms were completely separated and failing to inspect the restrooms and discover missing ceiling tiles.

Gray also blames Spotanski for failing “to assure his work-related actions in pursuing alleged shoplifters were performed in a manner in which no harm was done to plaintiff when he videotaped and/or photographed plaintiff while she used the women’s restroom,” the amended complaint states.

Circuit Judge Barbara Crowder was assigned the case on Oct. 29 and scheduled a case management conference for Dec. 18 at 9 a.m.

Gray seeks a judgment of more than $50,000.

Spotanski responded to the complaint on Aug. 30 denying the allegations, specifically the allegation that the plaintiff was injured to the extent claimed.

Schuette Stores has filed a motion to dismiss the suit, which is pending.

Theodore J. MacDonald, Jr., and Benjamin W. Powell of Edwardsville represents Schuette Stores, Inc.

James E. Gorman of Edwardsville represents Spotanski.

Madison County Circuit Court case number 13-L-683

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