Madison - St. Clair Record

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Church sued over woman's trip and fall at yard sale

By Dan Harkins | Jun 2, 2015

| Shutterstock

A woman claims she was injured after falling in a hole at a church yard sale.

Kimberly Benda filed a complaint on May 14 in Madison County Circuit Court against Leonard D. Johnson II, Leonard D. Hildebrand II, Ryan Hildebrand, Impact Family Worship Center of Metro St. Louis and Impact Family Worship Center Inc.

On May 30, 2013, Benda was at Johnson's church, located at 4004 Vesci St. in Granite City, for a yard sale. She claims a hole existed on the property and that the hole had been covered with carpeting or a mat before the sale. When Benda came along she allegedly tripped and fell, causing her injuries, the suit states.

The defendants are accused of negligence and carelessness for failing to inspect the property before and during the sale, repair the hole, warn Benda of a hazardous condition, inspect the property to keep it up to state and local codes as well as industry standards, and properly fill and cover the hole.

As a result, Benda allegedly suffered numerous injuries, pain and suffering, medical expense and loss of earning capacity.

The plaintiff, citing premises liability and negligence, seeks damages in excess of $250,000, plus costs.

The plaintiff is represented by Patrick G. Johnston of the Johnston Law Offices in Edwardsville.

Madison County Circuit Court case number 15-L-618

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