A Granite City woman being sued for an incident involving a guest tripping on a piece of carpet and falling down a flight of stairs at her home has filed a motion to dismiss under the Premises Liability Act.
According to Wanda L. Roberson’s complaint filed Nov. 6, she was visiting defendant Sandra S. Willey’s home in July 2012 when the incident occurred.
She alleges she was walking up a carpeted staircase, tripped on a torn piece of carpet and fell back down the stairs, breaking her leg in the fall.
She claims Willey is liable because she allegedly failed to repair the torn carpet, failed to warn guests of its danger and failed to have enough light in the stairway to be able to see the loose carpeting.
Willey answered the complaint on Dec. 20 denying the allegations against her.
She listed five affirmative defenses claiming the plaintiff had a responsibility to act with due care for her own safety and that her own negligence resulted in any alleged injury.
Willey filed a motion to dismiss count II of the plaintiff’s complaint, claiming the count “purports to allege a cause of action under the Premises Liability Act.”
She also filed a counterclaim against Roberson claiming that if she is found liable to Roberson “in one or more of the ways alleged by her in her complaint, then she is entitled to a setoff against any judgment in an amount paid by her.”
Roberson seeks a judgment of more than $100,000.
Madison County Circuit Judge Dennis Ruth is presiding over the lawsuit.
Jeremy A. Gogel of St. Louis represents Roberson.
Russell K. Scott and Dayna L. Johnson of Greensfelder, Hemker & Gale in Belleville represent Willey.
Madison County Circuit Court case number 13-L-1863