Lost grip in patio swing incident results in $15k suit

A woman who offered her hands to help Ernest A. Tosovsky rise from a patio swing is suing his estate for injuries she sustained when he released his grip.

The incident took place June 4, 2007, when Lenora Mitcherson was visiting Tosovsky, now deceased, at his residence located at 1013 St. Louis St. in Edwardsville. The suit was filed June 16 in Madison County against the Bank of Edwardsville, as independent representative of Tosovsky's estate.

Mitcherson claims Tosovsky was seated in the swing with his neighbor George Arnold, when at about 4:45 p.m. they were going into the home for dinner.

"That it was difficult for Defendant's Decedent to get up out of the swing and he asked Plaintiff to help him," the complaint states.

She claims that Tosovsky knew or should have known that if he released his grip she would fall backwards onto the patio which could result in injury.

"That notwithstanding said duty, the Defendant's Decedent released his grasp on Plaintiff's hands causing Defendant's Decedent to sit back into the swing and causing Plaintiff to fall backwards onto the stone patio surface hitting her right hand, arm, head and back," the complaint states.

Represented by John D. Raffaelle in Collinsville, Mitcherson is seeking in excess of $15,000 plus costs of the suit.