Hylla
An East Alton funeral home and its owner are moving to dismiss a personal injury suit over a fall in its driveway that is set for trial Monday.
Defendants George Paynic and Paynic Home for Funerals moved to dismiss the suit brought by Pansy Rodgers.
Rodgers is suing the pair for allegedly failing to provide her with a safe entrance route from the funeral home's carport and driveway into the building.
Rodgers claims that while visiting the funeral home Jan. 3, 2008, she fell and was injured.
Her one-count suit seeks damages in excess of $50,000 and costs.
Trial is set for 9 a.m. on April 11.
The funeral home claims in its motion to dismiss that Rodgers has not complied with court-ordered discovery in the case.
The defendants cite Rodgers' failure to answer interrogatories and produce documents since May 2010 and to an Oct. 29, 2010 court order compelling her to comply within 21 days.
According to the motion to dismiss, Rodgers did not comply with the October order.
Hylla is set to hear the motion Friday at 9:30 a.m.
Joseph Reames represents Rodgers.
Martin Morrissey represents the defendants.
The case was previously assigned to Madison County Circuit Judge William Mudge.
The case is Madison case number 09-L-1419.