Madison County Circuit Judge Dennis Ruth granted Quik Trip's motion to quash service in a personal injury case that has twice been dismissed.
Plaintiff Lois Nelson, who is currently representing herself, is suing Quik Trip for damages in excess of $50,000 and other relief due to a broken leg she claims to have suffered when no one assisted her with a gas pump at an East Alton location.
Nelson is legally deaf. She claims she tripped over a gas line breaking her leg as result of the defendant's negligence on Aug. 26, 2005.
A case management conference is set for Oct. 26.
Nelson did not appear at a hearing in July.
Madison County Chief Judge Ann Callis allowed Nelson to re-file her suit earlier this year after hearing arguments that Nelson did not consent to her former attorney's dismissal of a previous suit.
Callis ultimately dismissed the 2007 case noting the statute of limitations had passed, but allowed a new case on the same claims to go forward.
In the motion to quash service, Quik Trip claimed that Nelson improperly served a receptionist at Kortenhof McGlynn LLC instead of Quik Trip's registered agent.
James Parrot represented her in the 2007 suit that Callis dismissed.
Demetra Sotiriou represents the defendant in the service matter.
Madison County case number 11-L-123.