A retail store where nothing costs more than $1 is being sued for more than $1.3 million by the estate of a woman who fell in a pothole and died.
The estate of Louise Woods filed a wrongful death suit against Deals-Nothing Over a Dollar and its manager Kevin Hunt in Madison County Circuit Court Oct. 18.
According to the complaint, Woods suffered fatal injuries on Aug. 29, while she and her husband Norman were entering the Edwardsville store.
The estate claims she fell in a pothole on the asphalt parking lot near the entrance to the store and landed violently on her head.
"The circular pothole was five to six inches deep and ten to twelve inches wide, and at the time of the fall, it was filled with a murky, opaque, water pool," the complaint states.
The estate claims the water pool was level with the asphalt so that she could not have any understanding of its presence or depth.
"Deals nor Hunt did anything to warn visitors to the property of the existence of the pothole or its danger," the complaint states. "Within an hour after Louise fell, Deals nor Hunt had the pothole filled with a hot patch."
According to the complaint, Woods momentum forced her body around to the right and she violently landed on her forearm first, and then her head.
"Her head impacted near her right eye, bounced against the pavement and came to rest, resulting in a laceration and bleeding.
Woods also snapped her wrist causing a severe fracture.
She was taken to Anderson Hospital in Maryville, and then airlifted to St. Louis where she died due to complications from her injuries on Sept. 9.
The estate claims Deals failed to provide a good, safe and proper place to use and walk, failed to provide a safe means of access to and from the parking lot to the store, allowed the pothole to become and remain in a position that was unreasonably safe, and failed to barricade, block or rope off the area to prevent people to gaining access to the pothole.
The estate claims Louise suffered serious injuries which resulted in her death causing her husband to suffer losses of a personal and pecuniary nature, including the loss of companionship and society.
The estate is represented by Christopher Byron of Edwardsville.
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