LeChien declares defendant complies with discovery request in man's case against KAF

By Christina Stueve | Jun 29, 2012


St. Clair County Circuit Judge Robert LeChien has set a status conference for Aug. 1 in a man's trip and fall lawsuit against a banquet facility owned by KAF, Inc.

Gerald D. Jenkins filed a lawsuit Nov. 22, 2011, claiming he was attending a charity auction when he tripped and fell over a deformity in a walkway which was hidden by a mulch bed and a bush.

Jenkins filed a motion to compel May 24, stating the defendants refused to file answers or make legitimate objections to interrogatories.

On June 25, LeChien found that the defendant had omplied with the plaintiff's discovery requests.

The defense claims the plaintiff was negligent in the incident, because he failed to keep a proper lookout and failed to recognize an open and obvious condition. The plaintiff's failure to use ordinary care was a proximate cause of the alleged injury, KAF claims.

Jenkins seeks a judgment of more than $50,000, plus costs.

Dominic Kujawa of Belleville represents Jenkins.

Charles Planek and Angela Shparber of Wilson, Elser, Moskowitz, Edelman, & Dicker represent KAF.

St. Clair County Circuit Court case number: 11-L-647.

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