Park district seeks to dismiss elderly woman's personal injury claim

A 77-year-old woman who was knocked to the ground by a teen-ager in Granite City's Wilson Park last summer will be in Madison County Circuit Court Jan. 25, as defendants move to dismiss her personal injury suit.

Opal Boyett claims Granite City park and high school officials should have known that elderly people like to use the park's path early in the morning to avoid the summer heat.

After allegedly being knocked to the street by practicing members of the Granite City High School soccer team, Boyett filed suit July 5, 2005, three days after the incident.

Boyett claims that on July 2, 2005, the soccer team was instructed to run on the park's pathway, even though it is used by people of all ages and physical abilities for exercise and rehabilitation.

Boyett claims she was struck by one or more of the 20-member soccer team and suffered disabling injuries.

Boyett claims she suffered permanent injuries to her left elbow, head, heart and body as a whole, and will be hindered and prevented from attending to her usual duties and affairs of life.

She also claims she suffered great physical and mental pain and suffering and has become liable for large sums of money for medical care and services.

According to Boyett, Wilson Park management failed to provide an adequate pathway that would safely allow a soccer team to pass a group of elderly people. It also failed to provide rules or regulations to prohibit a soccer team from using the path in the morning hours when elderly people are using it to avoid heat.

Boyett, represented by David Hylla of Edwardsville, is seeking at least $100,000 in damages for the injuries she sustained.

Hylla will square off against Circuit Judge Don Weber who took over the case from circuit Judge Philip Kardis after his retirement.

Circuit Judge Daniel Stack was assigned to the case by Chief Judge Ed Ferguson.

Donald Ohl represents the park district, while John Ryan will represent the school.

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