Madison County Circuit Judge Dennis Ruth continued a motion to dismiss hearing in a case against an Alton couple blamed in a relative’s personal injury suit.
The motion hearing was reset to Jan. 3 at 9 a.m.
According to the complaint filed on Aug. 12, Chancey Nesbit claims he was visiting William and Pamela Nesbit at their home in September 2012. He alleges that as he was coming up the basement stairs, he tripped on loose carpeting and fell, seriously hurting his right leg.
William and Pamela filed their motion to dismiss on Sept. 26, claiming Chancey Nesbit failed to allege in his complaint whether the defects causing his fall were hidden or concealed. They also claim the plaintiff failed to prove that the defendants were aware of the defects while the plaintiff was unaware.
Chancey Nesbit seeks a judgment of more than $50,000.
Samuel A. Mormino Jr. of Alton represents the plaintiffs.
Jane Unsell of the Law Firm of Unsell, Schattnik & Phillips in Wood River represents the defendants.
Madison County Circuit Court case number 13-L-1348