D&M Dairy in Granite City claims the plaintiff in a personal injury suit filed against them had a pre-existing injury and his damages arise from that.
Doyle Miller sued D&M, also known as Farm Fresh, for severe and permanent injuries he sustained after tripping over a floor mat.
Miller, who lives in Granite City, claims D&M was negligent for permitting floor mats "not appropriate for the circumstances" to accumulate in the premises' walkway.
The incident took place Sept. 10, 2006, Miller claims.
"Plaintiff received severe and permanent injuries, including injury to bones, ligaments, muscles, nerves, or tissue in his left arm and shoulder," Miller's July 28 complaint states.
D&M also claims Miller is at fault for some or all of any damages he alleges to have sustained for failure to keep a careful lookout and asks that the jury be instructed in the issue of comparative fault.
In addition, D&M claim all of Miller's alleged damages were caused by the actions of third parties.
Miller also names Cintas Corporation as a defendant in his suit alleging they also allowed the mats to accumulate in the walkway.
Miller is represented by John H. Fredrick, Jr. of Nelson & Nelson in Belleville.
He is seeking damages in excess of $100,000.
Stephen C. Christiansen of St. Louis represents D&M, which is seeking a dismissal from the suit with costs to be awarded.