East Alton gym and former owner seek dismissal from personal injury lawsuit

An East Alton gym and its former owner seek dismissal from a woman’s lawsuit claiming she fell in the parking lot.

Defendants Fitness & Fun Plus and Carole Tobin, individually and doing business as Fitness and Fun, filed a motion to dismiss on Dec. 2 claiming the complaint fails to separate the three defendants, providing liability against them as a whole.

They also argue the complaint is insufficient in facts claiming the condition of the parking lot caused the plaintiff to fall.

Plaintiff Brittney Johnson filed her lawsuit on Sept. 30, claiming she was visiting Fitness & Fun Plus on Oct. 10, 2011, when she fell in the parking lot, allegedly suffering injuries to her right knee, ankle, wrist and arm.

She originally blamed Fitness & Fun Plus for failing to properly maintain its parking lot and failing to warn Johnson of the defective conditions of its parking lot.

She previously filed a motion to voluntarily dismiss her complaints against Vickie Maxwell, doing business as Fitness & Fun, Smunk LLC, and Fitness & Fun LLC without prejudice, which was granted on Oct. 30.

Johnson seeks an unspecified judgment in excess of the minimum jurisdictional limits of the Madison County Circuit Court.

Circuit Judge Dennis Ruth scheduled a motion hearing regarding the motion to dismiss for Jan. 3 at 9 a.m.

Laura A. Cole of Smith, Mendenhall, Selby & Cole in Alton represents the plaintiff.

Kent L. Plotner of Heyl, Royster, Voelker & Allen of Edwardsville represents Fitness & Fun Plus, Inc. Carole A. Tobin, doing business as Fitness and Fun and Carole A. Tobin individually.

Madison County Circuit Court case number 13-L-1640