Counter suit filed by construction company

By Kelly Holleran | Feb 26, 2009

Thery Construction Company has filed a complaint against Carrie Stawar, alleging they should not be held liable for another woman's injuries because the injuries were caused by Stawar's negligence.

Thery Construction claims Laurie Hilliard filed suit against it on Feb. 28, 2008, in Madison County Circuit Court, claiming she fell while working for Stawar at Touched by an Angel.

"Laurie Hilliard's Complaint, in the above referenced case number is based upon the alleged acts of negligence on the part of Plaintiff Thery Construction Company, and Lou Thery d/b/a Thery Construction Company, the general contractor at the site, but plaintiffs have denied, and continue to deny, the allegations contained in Laurie Hilliard's Complaint," the suit filed Feb. 18 in Madison County Circuit Court states.

Thery Construction claims Hilliard's injuries were caused because of Stawar's negligence, not its own.

Stawar was negligent by failing to make reasonable inspection of the premises and the work being done and by failing to provide Hilliard with a safe place to work, according to the complaint.

Stawar also negligently failed to barricade the fall hazard, failed to control the worksite and failed to warn of the fall hazard, the suit states.

In the event that the court enters a judgment against Thery, it is requesting that judgment be entered against Stawar in an amount commensurate with her percentage of fault.

It is represented by Stephen C. Mudge and Trenton A. Galetti of Reed, Armstrong, Gorman, Mudge and Morrissey in Edwardsville.

Madison County Circuit Court case number: 09-L-0141.

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