Madison County Circuit Judge Dennis Ruth is set to hear a move to quash the service of a legally deaf woman's personal injury suit against Quik Trip.
Plaintiff Lois Nelson re-filed a personal injury suit against QuikTrip earlier this year after Madison County Chief Judge Ann Callis allowed her do so while dismissing Nelson's original 2007 complaint.
The plaintiff claimed her then-attorney James Parrot had improperly dismissed the 2007 case without her consent. She asked Callis to reinstate the suit. The chief judge allowed
Nelson to refile the complaint.
Ruth will hear arguments June 2 at 9 a.m.
Nelson's suits stem from an incident at a QuikTrip store in which Nelson broke her leg.
Nelson, identified in court documents and in hearings as legally deaf, had pushed an assistance button but did not receive any. When she began to walk toward the Quik Trip convenience store, she tripped on a gas line, breaking her leg.
She is seeking damages in excess of $50,000 and other relief.
QuikTrip moved May 9 to quash the service of the 2011 complaint.
The defendant contends that Nelson served the receptionist for Kortenhof McGlynn LLC with a summons instead of QuikTrip's registered agent, CT Corporation System.
It alleges the service was therefore improper and should be thrown out.
QuikTrip has yet to answer Nelson's latest complaint.
Nelson represents herself in the suit.
Demetra Sotiriou represents the defendant. Her representation is limited to the service matter.
The case is Madison case number 11-L-123.