Deer stand owners claim plaintiff fails to state cause of action

By Christina Stueve Hodges | Feb 5, 2013

The defendant owners of a deer stand are fighting a personal injury lawsuit that blames them for the stand collapsing.

Plaintiff Norman R. Schneider claims he was positioned in a deer stand on property owned by defendants Jeffrey P. Fay and George P. Fay on Nov. 13, 2010, when the stand collapsed and he fell to the ground.

Jeffrey Fay stated in his Feb. 1 motion to dismiss that the plaintiff failed to provide individual claims in separate counts against multiple defendants.

George P. Fay on Jan. 3 stated in his motion to dismiss that the plaintiff’s complaint wrongly attempts to state a cause of action for negligence and willful and wanton conduct.

Schneider claims that due to the incident he sustained serious personal injuries, was hindered from attending to his usual duties and affairs, lost wages, sustained a great deal of pain and anguish and incurred medical costs.

Schneider blames the Fays for causing his injuries, saying they negligently allowed the deer stand to remain on their property despite its dilapidated condition, maintained an unreasonably dangerous deer stand and failed to inspect the deer stand.

Schneider is seeking more than $50,000.

Clay B. St. Clair and Anthony P. Gilbreth of Crowder and Scoggins in Columbia represent Schneider.

Russell Scott and Dayna Johnson of Greensfelder, Hemker & Gale in Belleville represent Jeffrey Fay.

Michael Murphy of Freeark, Harvey & Mendillo in Belleville represent George Fay.

The case is assigned to Madison County Circuit Judge Andreas Matoesian.

Madison County Circuit Court case number: 12-L-1836.

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