A contracting company blamed in a lawsuit alleging a woman fell off a ladder at the Edwardsville YMCA claims the ladder was “converted or stolen” and not in its control at the time of the alleged injury.

According to the Oct. 24 lawsuit, plaintiff Jan Wallace claims she was using a ladder owned by defendant Toenjes Brick Contracting Inc. that had been left at the Edwardsville YMCA on Oct. 31 when the incident occurred. She claims that while using the ladder, a portion of the ladder fell due to damage allegedly caused by use and abuse by the defendant’s agents, causing her to sustain injuries.

The defendant is accused of negligently and carelessly supplying the ladder to YMCA of Edwardsville for its use knowing it to be in a state of disrepair and in a dangerous condition; failing to warn employees and users of the ladder about its condition and leaving behind the dangerous and defective ladder at issue after performing certain repairs at the facility for employees to use.

The defendant answered the complaint on Nov. 24, denying the allegations against it.

Toenjes Brick Contracting argues that Wallace’s alleged injuries are the result of her own negligence for climbing a ladder that was “converted or stolen by an unknown third party” before it was allegedly left at the YMCA. The defendant contends it was not in control of the ladder in question and did not have control over the state or condition of the ladder.

On Jan. 22, Toenjes Brick Contracting filed a motion seeking an order to compel Wallace to respond to discovery requests it filed in November. It claims the discovery is necessary in order to properly prepare the case for trial.

Circuit Judge Robert LeChien scheduled a motion hearing to discuss the motion to compel at 9:30 a.m. March 31.

Wallace, who is seeking more than $50,000 in damages and costs, is represented by James R. Williams of Williams, Caponi & Associates P.C. in Belleville.

Beth C. Boggs and Michael J. Lach of Boggs, Avellino, Lach & Boggs LLC in St. Louis represent the defendant.

St. Clair County Circuit Court case number 14-L-705

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