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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Pizza Hut plaintiff mostly responsible for injuries, lawyer says

Attorney Amanda Verett was mostly responsible for injuries she blamed on Pizza Hut and others in a Madison County lawsuit, according to Pizza Hut attorney Andrew Miller of Hinsdale.

Miller argued in an April 5 answer to Verett's suit that she was more than 50 percent responsible for the injuries, barring any recovery on her part.

He argued that her own negligence might bar her claims.

Attorney Thomas Maag filed suit last month against Pizza Hut, Clarence Jackson and One-O-Nine Company on Verett's behalf.

Maag claimed Verett became injured as a result of the sudden and sharp movement of the door she was opening for Jackson at the Edwardsville Pizza Hut on Feb. 12.

"Jackson grabbed the door in such a fashion that it caused the door to suddenly and sharply move," the complaint states.

Miller wrote in his answer that negligence of third parties might have caused Verett's injuries.

He wrote that her damages must be reduced to the extent that she failed to mitigate them.

He wrote that she failed to state a claim on which to grant relief.

He wrote that Maag's suit improperly named Pizza Hut of St. Louis as defendant. He wrote that Maag should have sued Pizza Hut of America.

Steve Gonzalez contributed to this report

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