Circle K fights lawsuit over employee's claim of humiliation

Mac’s Convenience Store in Belleville is fighting a lawsuit filed by a female employee who says her manager laughed at her after she fell on liquid spilled on the floor.

Alayna Counsell claims she was filling up her soda cups at Mac’s Convenience Store, doing business as Circle K Convience Store, Aug. 5, when she slipped on a wet floor.

“As the plaintiff lay on the floor, the defendant’s assistant manager looked at the plaintiff and laughed,” the suit states.

Mac’s  Dec. 6 answer to the suit says that any damages sustained by Counsell were a result of her own careless and negligent conduct in that she failed to keep a proper lookout for her own safety.

The store denies Counsell's allegations and demands a trial by jury.

Because of her fall, Counsell claims she sustained serious injuries to her neck, back and knee; experienced pain and suffering; and was prevented from attending her usual duties and affairs.

The suit also claims that the store negligently maintained its floor, allowing water to create a slippery surface and remain on the floor after mopping, failed to inspect the floor to ensure it was safe and failed to warn its invitees of the wet condition on the floor.

Counsell is seeking a judgment of more than $50,000.

She is represented by Stephen M. Kernan of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville.

Craig A. Cappas of Smith Amundsen in Chicago represents the defense.

The case is assigned to St. Clair County Circuit Judge Andrew Gleeson.

St. Clair County Circuit Court case number: 12-L-558.