Madison County Circuit Judge William Mudge granted a defense motion to compel in a man's lawsuit against Jimmy John's.

Gary L. Williams claims he was visiting Jimmy John's Gourmet Sandwiches in Alton on May 8, 2010, when he tripped on the CO2 container an employee allegedly left in front of the soda fountain.

Because of his fall, Williams claims he sustained injuries to his low back, incurred medical costs and was prevented from attending his usual duties.

Williams seeks more than $50,000.

Defendant Kidds Restaurant, Inc., doing business as Jimmy John's Gourmet Sandwiches, filed a motion to compel Aug. 23, requesting Mudge to compel discovery.

Mudge granted the motion Sept. 28.

The defense sent requests for information May 21 and had not received anything, according to the motion.

Kidd's Restaurants on May 22 denied Williams' allegations and stated that if Williams sustained injuries as alleged, he contributed to his own injuries.

Rebecca Schubert of the Law Offices of Bingley, Hart & Hesi in St. Louis represents Kidd's Restaurants.

William Miller of Alton represents the plaintiff.

Madison County Circuit Court case number: 12-L-632.

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