Schnucks Markets claims soda cans that allegedly injured a plaintiff in a personal injury case were in an open and obvious condition.
In an answer filed Sept. 10, Schnucks claims plaintiff Patricia Quinlan's own negligence and carelessness in failing to see an open and obvious condition is the reason for the alleged accident.
Quinlan sued Schnucks on Sept. 3 in Madison County alleging she sustained injuries to her upper extremities when she was struck in the head by falling soda cans.
Represented by Brian L. Polinske of Polinske & Associates in Edwardsville, Quinlan claims Schnucks was negligent because it failed to maintain the soda cans in a way so that they would not fall.
But, Schnucks wants to be dismissed from the case arguing any injuries Quinlan suffered was a direct and proximate result of her own carelessness.
Beth Kamp Veath of Brown & James in Belleville represents Schnucks.
According to Schnucks, in the event the case does go to trial, they ask that the verdict be reduced in direct proportion to Quinlan's own comparative fault.
Quinlan is seeking damages in excess of $50,000 for pain and suffering and medical expenses.
Circuit Judge Andy Matoesian has yet to schedule a hearing.