Trucking company says plaintiff provoked fight in response to Madison County suit

By Christina Stueve Hodges | Feb 12, 2013

Kevin Fritz

A Granite City trucking company is fighting a lawsuit against it after one of its drivers allegedly beat up another woman.

Shelly Mains filed a lawsuit Dec. 20 in Madison County Circuit Court against Donna Conlee and PI&I Motor Express Inc., claiming Conlee attacked her at a steel products company on Northgate Industrial Drive in Granite City.

According to the complaint, Conlee worked for PI&I Motor Express in December 2011.

The plaintiff failed to state any claim against the defendant upon which relief may be granted, PI&I Motor Express said in its Feb. 6 response to the lawsuit.

The plaintiff failed to avoid a hazard open and obvious and failed to keep a proper lookout, according to PI&I Motor Express.

PI&I also stated the plaintiff provoked the altercation and failed to take measures to avoid the altercation. The plaintiff also failed to mitigate her damages.

Mains accuses Conlee of battery and claims PI&I is liable for her injuries. She asks for at least $100,000 in damages for medical bills and court costs.

Attorney Steven C. Giacoletto of Collinsville represents Mains. Kevin L. Fritz and Patrick E. Foppe of Lashly & Baer in St. Louis represents the defense.

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

Madison County Circuit Court Case No. 12-L-2054.

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