Janet Spurgeon, who stumbled and fell on a crosswalk crack at Alton Square Mall, filed a lawsuit seeking at least $50,000 in damages against its owner Simon Property Group.
Represented by Bob Perica of Alton, Spurgeon claims the incident took place July 16, 2004, while she was walking in a designated crosswalk. Spurgeon claims that it was the duty of Simon Properties to operate, maintain and control the crosswalk in a manner "as to not negligently cause or allow injuries to people lawfully and rightfully walking there."
According to the complaint, Simon permitted and allowed the parking lot to remain in an uneven and depressed condition, when the owners knew that such a condition created a situation of imminent danger for people walking, and failed to repair the uneven surface.
Due to her fall, Spurgeon claims she suffered permanent injuries to her left elbow and the head of her radius bone, which she became obligated for medical expenses.
She also claims she been and will continue to be hindered from attending to her normal and usual affairs and duties and has lost and will continue to lose income that she would have otherwise made and acquired.
The case has been assigned to Circuit Judge George Moran Jr.
05 L 055 (3rd Circuit)