Heather Isringhausen Gvillo Dec. 9, 2015, 11:12am


An O’Fallon apartment complex removed a man’s lawsuit alleging he fell down a flight of steps on the defendant’s premises.

Green Mount Lakes filed a notice of removal to the U.S. District Court for the Southern District of Illinois on Oct. 5 through attorney C. Zachary Vaughn of Wiedner & McAuliffe in St. Louis.

The defendant argues that the amount in controversy and diversity of citizenship make removal proper.

Plaintiff John E. Howell III field the lawsuit on Sept. 2 against Green Mount Lakes Apartments.

He claims he was a tenant of the apartment complex and was walking down a flight of steps in a common area of the establishment on July 22 when a step broke and caused him to fall.

Howell alleges the defendant was negligent in failing to inspect the condition of the step, failing to repair or replace the deteriorated step and failed to warn of the deteriorated step.

As a result, the plaintiff claims he sustained injuries to various parts of his body, for which he has incurred medical expenses.

Howell seeks a judgment of more than $50,000, plus costs of the suit.

The plaintiff is represented by Brad L. Badgley of Belleville.

St. Clair County Circuit Court case number 15-L-494

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