Couple files lawsuit after son lost fingers when newspaper box allegedly collapsed

By The Madison County Record | Feb 9, 2015


The parents of a young child allege their son lost his third and fourth fingers while playing with a container holding newspapers.

Matthew Gibbs and Casey Gibbs filed suit Jan. 28 in Madison County Court against CBOCS West Inc., Cracker Barrel Old Country Store and the Belleville News Democrat.

According to the complaint 3-year-old Carson Gibbs opened the door of a newspaper dispenser on Nov. 16, 2013, when the newspaper box fell on top of the child.

"As a result of the BND newspaper box falling over onto Carson Gibbs, he was seriously injured in a manner that included, but was not limited to, the laceration and dismembering of the third and fourth fingers on his right hand," the suit states.

Because of the incident, Carson Gibbs suffered great pain, anguish, embarrassment, stress and scarring, the complaint says.

The Gibbs family blames the newspaper and Cracker Barrel, where the incident occurred, for causing their son's injuries, saying they negligently failed to attach or secure the newspaper box in a proper manner to the pavement. failed to properly maintain the premises to prevent a dangerous condition, failed to properly inspect the premises for dangerous conditions and failed to warn of a dangerous condition.

Matthew and Casey Gibbs seeks a judgment of more than $300,000, plus costs. Attorney Steven Giacoletto, of Giacoletto Law Firm in Collinsville, will represent the plaintiffs.

Madison County Circuit Court case number: 15-L-104.

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