Madison County Circuit Judge Dennis Ruth on July 13 granted defendant Quik Trip's motion for summary judgment in a personal injury lawsuit that had already been dismissed twice over an incident that occurred nearly seven years ago.
Plaintiff Lois Nelson, who is legally deaf, had sought 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 on Aug. 26, 2005.
"Quik Trip had no duty to Plaintiff to warn her or protect her from dangers, which are known to her or which are so obvious and apparent that she reasonably would be expected to discover them," Quik Trip argued in its motion for summary judgment.
"Defendant did not undertake a duty to assist her on the day of her incident and as such owed no duty to Plaintiff based on previous conduct.
"Since defendant made no attempt to assist the Plaintiff on the day of the accident or on prior occasions, defendant as a matter of law, did not voluntarily undertake a duty to assist Plaintiff and cannot be held liable for the damages and injuries allegedly sustained by Plaintiff on Aug. 26, 2005."
Madison County Chief Judge Ann Callis ordered Nelson's original case dismissed in 2008, noting the statute of limitations had passed, but allowed a new one to be filed on the same claims.
Callis allowed Nelson to re-file her suit again after hearing arguments that Nelson did not consent to a dismissal filed by her former attorney, James Parrot of St. Louis.
The new case was filed in February 2011. Nelson represented herself.
Demetra Sotiriou and Korenhof McClynn represent Quik Trip.
Madison County case number 11-L-123.