A realty center denies liability in a potential home buyer’s lawsuit alleging he was injured while looking at a house with a damaged porch.
Timothy Coulson filed the lawsuit on March 2 against Prudential agent Leroy Taylor, Prudential One Realty, Prudential One Realty Centre Edwardsville, the Prudential Real Estate Affiliates, Re/MAX Riverbend Realty, RE/MAX Holdings Inc., Mary Wofford and RE/MAX agent Paula Anderson.
According to the complaint, Wofford owned a home at 2215 Dewey St. in Granite City when Taylor listed the property through Prudential.
Coulson claims he entered into an agreement with Anderson to find and help him buy a home. Then on March 27, 2013, Anderson showed the Granite City property to Coulson. He claims the back porch was in a state of disrepair with damaged flooring and loose lattice and railings.
Coulson claims he “tried to use the railing on [the] back porch, which then broke due to no fault” of the plaintiff, the suit states.
When the railing broke, Coulson alleges he fell and sustained injuries to his hands, knees and other parts of the body. As a result, he claims he underwent knee surgery, endured pain, suffering and loss of a normal life. He also had to pay medical expenses, the suit states.
Realty Centre of Edwardsville filed a motion to dismiss on May 11, claiming the plaintiff has not alleged any relationship under which liability can be imposed.
“Plaintiff’s complaint having failed to allege a legally recognized duty owed by Centre Realty to plaintiff should be dismissed,” the motion states.
Coulson seeks damages in excess of $800,000 – $50,000 from each defendant, plus costs.
Russell K. Scott and Dayna L. Johnson of Greensfelder, Hemker & Gale in Belleville represents Realty Centre of Edwardsville. It demands a trial by jury.
Coulson is represented by John C. Webster of Williamson, Webster, Falb and Glisson in Alton.
Madison County Circuit Court case number 15-L-260