The Troy Lions Club wants to be dismissed from a personal injury case involving a woman who lost her leg after falling off a parade float.
Sheila and John Jolley filed suit against Ace Hardware of Troy, Troy Lions Club, the city of Troy and Steven Faulkner on Oct. 24, alleging Sheila's leg had to be amputated after she was thrown from a parade float, then run over by the same float.
Sheila and John Jolley claim Sheila was riding on an Ace Hardware float in a July 25 parade Troy Lions Club sponsored when the incident occurred.
"During the procession, and while plaintiff, Sheila Jolley, was throwing candy to the spectators, defendant, Steven Faulkner, made a sudden stop and caused plaintiff, Sheila Jolley, to be throw from the float," the complaint states. "Defendant, Faulkner, then resumed moving forward and ran over Sheila Jolley with the right wheels of the float."
The Jolleys claim Ace Hardware and Steve Faulkner were negligent because they failed to provide a safe float, failed to keep a proper lookout for parade participants, failed to properly apply the brakes of the float, drove too fast and failed to safely operate the float.
In addition, they allege Troy Lions Club and the city of Troy negligently allowed a parade to operate in such a manner that injured Sheila, failed to supervise the parade to prevent injuries, failed to provide adequate traffic control to avoid Sheila's injuries, failed to take appropriate steps to protect Sheila from injuries and failed to enact or enforce rules regarding traffic flow.
But the Lions Club argues it should be dismissed because the complaint is vague, indefinite and otherwise insufficient as a matter of law because there is an absence of facts upon which to base liability.
"The section of the Plaintiffs complaint entitled 'General Allegations' fails to state any facts that would create a duty to the Plaintiffs from Defendant, Troy Lions Club," the motion to dismiss states.
Lions Club also argues the complaint fails to show any allegations that the Lions Club had any control of the person operating the float, had any control in building the float, nor had any control of securing people riding the float.
John Wendler of Edwardsville represents the Lions Club.
Sheila claims the amputation caused her to spend substantial amounts on medical expenses, disability, lost her capacity to earn a living, experienced great pain and suffering and suffered loss of a normal life.
John lost Sheila's companionship, society and consortium, according to the complaint.
The Jolleys are seeking damages in excess of $400,000.
They are represented by Joseph R. Hillebrand of Kassly, Bone, English and Hillebrand.
Madison County Circuit Judge David Hylla set the motion for a hearing for 9:30 a.m. on Dec. 19.