Bowling alley accuses patron of causing own injuries when he fell on sprayed wax

Heather Isringhausen Gvillo Jul. 14, 2015, 10:15am


A Caseyville bowling alley accuses a patron of failing to keep himself from oiled surfaces in a lawsuit alleging he was injured after falling on sprayed wax on the lane.

Johnny Henson filed his Feb. 19 lawsuit against St. Clair Bowl, claiming he was bowling at the establishment on July 28, 2013, while an alley worker was waxing the next lane over. He claims the wax was accidentally sprayed onto Henson’s lane, causing him to slip and fall.

The suit states that the alley failed to maintain a safe premises, negligently and carelessly allowed wax to be sprayed incorrectly, failed to provide an appropriate warning and failed to properly maintain its property.

St. Clair Bowl denied the allegations in its March 26 answer through attorney Troy A. Bozarth and Daniel C. Lytle of HeplerBroom in Edwardsville.

Instead, it claims Henson had a duty to exercise and use ordinary care and caution for his own safety. It accuses the plaintiff of failing to keep a proper lookout, failing to utilize and take proper care of bowling shoes and failing to keep himself form oiled surfaces of the bowling lane.

Henson denied the affirmative defenses in his April 6 answer through attorney Kirk A. Caponi of Williams Caponi & Associates in Belleville.

Henson seeks damages in excess of $50,000, plus costs.

Circuit Judge Robert LeChien scheduled a status conference for Aug. 19 at 8:30 a.m.

St. Clair County Circuit Court case number 15-L-96

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