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MADISON - ST. CLAIR RECORD

Thursday, May 2, 2024

Wood River tenant seeks default judgment in suit alleging injuries from collapsed ceiling

Lawsuits

A Wood River tenant seeks default judgment against her landlord for failing to respond to a lawsuit alleging she was injured when part of a ceiling fell on her head.

Plaintiff Barbara Feldman filed a motion for default judgment on March 3 through attorney Rodney Caffey of The Caffey Law Firm LLC in Godfrey.

She argues that summons was served upon defendant Scott Smith on Dec. 13, 20 and 27, and a notice was placed on the defendant’s door on Dec. 10. However, not responsive pleadings have been filed on Smith’s behalf.

Feldman requests an order defaulting the defendant and a hearing to determine damages.

Madison County Circuit Judge David Dugan continued the hearing to June 4 at 9 a.m.

Feldman filed her lawsuit on Nov. 1, 2018.

In her complaint, Feldman claims that on July 8, 2017, she was renting a property owned by Smith located at 158 S. Central Avenue in Wood River. She alleges that while she was in the property, the living room ceiling fell on her head.

Feldman claims she sustained injuries to her head, neck and shoulders.

The plaintiff alleges Smith consciously failed to maintain the rental property in a reasonably safe condition and disregarded her safety by failing to repair the leaking roof and faulty ceiling tiles.

Feldman seeks damages of more than $50,000, plus costs and all other relief the court deems just and proper.

Madison County Circuit Court case number 18-L-1481

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