'Caution Wet Floor' sign was not in proper place, plaintiff says in trial

By Amelia Flood | Sep 16, 2009

The trial of a slip and fall negligence suit against an Edwardsville convenience store continued Wednesday as the plaintiff pressed his case.

John Linkes is suing FKG Oil Company, the company that owns Moto Mart convenience stores. He claims he was injured when he slipped on a wet floor in one of the company's Edwardsville stores in 2007. The floor had been recently mopped by a store employee.

The trial began with a day-long jury selection Monday and testimony in the plaintiff's case Tuesday.

Jurors heard deposition testimony Wednesday afternoon.

The trial will continue Thursday with Madison County Circuit Judge Barbara Crowder presiding.

FKG argues that Linkes contributed to his accident.

Linkes' attorney, Gordon Broom, pressed witnesses on the store's policies to prevent accidents, frequently using a "Caution Wet Floor" sign to prove points during Wednesday's testimony. Bloom also pointed to a company video "Safety First," which store employees are required to watch as part of their training.

One of the plaintiff's contentions is that the wet floor sign was not in the proper place to warn of the hazard.

Defense attorney Victor Avellino objected several times to Broom's line of questioning, contending it was argumentative. Crowder sustained some of those objections as she had during the previous day's testimony.

Beth Boggs is also listed in the case file as representing the defendant.

The suit seeks damages of at least $50,000 and unspecified punitive damages for John Linkes' injuries and his wife's loss of consortium.

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

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