Trial continues in Moto Mart slip and fall suit

By Amelia Flood | Sep 15, 2009

A Madison County negligence trial involving an Edwardsville Moto Mart continued Tuesday, after opening with jury selection Monday.

Witnesses were called by plaintiff John Linkes, who is suing the convenience store's owner, FKG Oil Company, claiming he was injured when he slipped on a mopped floor. Among those testifying Tuesday were Moto Mart's manager, James Warnecke, who was questioned on safety training, the store's layout and the store's response to Linkes' accident in 2007.

Linkes' wife also is suing over loss of consortium.

The suit seeks damages of at least $50,000 and costs.

The Linkes are also seeking punitive damages.

FKG contends that John Linkes contributed to his accident in its answer.

Warnecke said that he had watched safety videos mandated by FKG over the course of his 14 years as the store's manager, although he does not keep the required signed forms testifying to that fact from year to year.

The plaintiff's line of questioning drew numerous objections from the defense, some of which were overruled while others were sustained.

Madison County Circuit Judge Barbara Crowder is presiding.

Crowder overruled two defense objections to Warnecke's testimony about the investigation procedures that take place after a customer's fall but gave the jury a limiting instruction that they could only consider that evidence and testimony as to the punitive damages and not liability questions.

Testimony continued throughout the afternoon.

John Linkes and his wife, Linda, are represented by Gordon Broom.

FKG is represented by Beth Boggs and others.

The case is Madison case number 08-L-410.

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