Customer 'tripped over her own two feet,' McDonalds responds in personal injury suit

By Heather Isringhausen Gvillo | Jan 27, 2015


McDonald’s argues that a woman “tripped over her own two feet” in a lawsuit alleging she fell on an uneven portion of its parking lot.

Plaintiff Susan Matuz alleges in her Nov. 7 lawsuit that she was visiting the McDonald’s at 2 Plaza Drive in Bethalto on Feb. 10 when she allegedly tripped.

“While walking on said parking lot toward the restaurant’s door, and while watching to make sure an approaching car was slowing and stopping to allow her to cross the parking lot, plaintiff tripped on irregular and uneven portion of the parking lot, causing her to fall and sustain severe injury,” the suit states.

Matuz blames defendants Bold Enterprises and Franchise Realty Investment Trust for causing her injuries, saying they negligently failed to maintain the parking lot in a safe condition, allowed a dangerous condition to exist, failed to adequately inspect the parking lot, failed to timely remedy and fix the dangerous condition of the parking lot and failed to erect a barricade.

Bold Enterprises responded to the complaint on Dec. 22, denying the allegations against it and accusing the plaintiff of causing any alleged injuries.

It argues that Matuz failed to keep a careful lookout, failed to take evasive action regarding an open and obvious condition and “tripped over her own two feet.”

Matuz responded to the affirmative defenses on Dec. 23, denying each and every allegation.

She seeks a judgment of more than $100,000, plus costs and other relief the court deems just.

Circuit Judge Dennis Ruth presides over the case.

Stephen J. Telken of Schoen Walton Telken & Foster in East St. Louis represents Matuz.

David C. Berwin of Evans & Dixon in St. Louis represents Bold Enterprises, Inc.

Madison County Circuit Court case number 14-L-1534

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