A woman claiming she was illegally videotaped in the nude while at a Glen Carbon tanning salon has denied she breached a duty to take precautions for her own privacy.

Kimberli Moore filed suit May 16 in Madison County Circuit Court against Michael R. Collins for allegedly using his cell phone to videotape her on April 3 at the Image Sun Tanning Salon at Edwardsville Crossing. JWKW Enterprise, doing business as Image Sun Tanning Salon, was also named as a defendant in the suit.

Moore replied Aug. 22 to the affirmative defenses filed by JWKW Enterprise.

In her reply, she denies her complaint fails to state a cause of action. She also denies her damages were solely and proximately caused by Collins.

Collins, who was criminally charged April 5 with three counts of unauthorized video recording by the Madison County Sheriff's Department, had been a senior patrol officer at the Edwardsville Police Department when he resigned April 10.

Moore also denies that she was at fault at all, and denies that her "fault" exceeded 50 percent of the proximate cause of her injuries.

"Plaintiff admits she had a duty to take reasonable precautions for her own privacy but denies she breached that duty," her answer states.

Moore asks that all affirmative defenses by JWKW Enterprise be stricken.

Moore stated in her original complaint that JWKW Enterprise failed to construct its booths with walls that extended high enough to prevent the conduct at issue in the complaint.

In their response to the lawsuit, JWKW stated the plaintiff had a duty to take reasonable precautions for her own privacy and that she bears the burden of proving that her damages were proximately caused by acts or omissions of JWKW, plaintiff's damages if any, resulted from the sole fault of the plaintiff and defendant Collins.

Collins had previously requested additional time to respond to the lawsuit.

William L. Wimmer of Wimmer, Stiehl and McCarthy in Belleville represents the plaintiff.

Collins is being represented by Gordon Broom and Benjamin Powell of HeplerBroom in Edwardsville.

Thomas M. Crawford and Matthew J. Gardner of Litchfield Cavo in Chicago represents JWKW Enterprise, which does business as Image Sun Tanning Salon.

The case is assigned to Madison County Circuit Judge David Hylla.

Madison County Case Number 12-L-686.

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