BELLEVILLE – A man is suing two homeowners over injuries he allegedly received when visiting their vacation property.
Gary W. Deiters filed the suit April 12
in St. Clair County Circuit Court against Matt Domescik and Carol
On June 5, 2006, the plaintiff alleges he was visiting the
defendants' property in Shelby County. Later that night, the
suit states the plaintiff was standing on the balcony attached to the building when
he leaned against the railing, which gave way and caused him to fall 8 feet.
Even though the balcony appeared to be
safe, the suit states it actually was in disrepair or rotted or
improperly affixed to the building. It was the defendants' negligence that caused unsafe balcony, which led to the plaintiff's fall, the suit claims.
He allegedly sustained permanent
injuries, has endured pain and anguish, has paid for emergency
medical services and hospital expenses, and has suffered loss of
Furthermore, the plaintiff claims that after he fell, the defendants intentionally
destroyed evidence of the defective railing before a suit was filed
and before the statute of limitations had expired but following
discussions with the defendants' insurance carrier.
The cause of action was originally
filed within the statute of limitations and, by agreement of the
parties, was voluntarily dismissed. This current complaint is filed
within one year of the date of dismissal and thus is not barred by
the statute of limitations, according to the complaint.
The plaintiff seeks judgment of more than $50,000 plus court costs. He is represented by Joel E.
Brown in Peoria.
St. Clair County Circuit Court case