St. Clair Square, Macy's say plaintiff in mall scooter injury case fails to state cause of action

A Granite City woman’s case against St. Clair Square and Macy’s has been reassigned from St. Clair County Circuit Judge Robert LeChien to St. Clair County Circuit Judge Andrew Gleeson.

Evelyn Votopual sued last October claiming she was hurt when a mall scooter she was riding was knocked over by a clothing rack.

Votoupal claims she was using the scooter while shopping in October 2010 because of a debilitating back injury.

She says a clothing rack was sticking out in the aisle but was hidden by the clothes hanging on it. She claims the scooter hit the rack, causing the scooter to turn over.

Defendants St. Clair Square GP, Inc., St. Clair Square GP I, LLC and St. Clair Square SPE, LLC sought a judge substitution on Jan. 16. They also sought to dismiss the case, arguing that the plaintiff did not state a cause of action.

“The only allegation made against the St. Clair Square Defendants is they were negligent in failing to provide an appropriate scooter and nothing more is described,” the motion to dismiss says.

“Since plaintiff does not allege as to how these defendants were negligent and plaintiff does not allege that any alleged negligence of these defendants caused injury to the plaintiff, these defendants should be dismissed."

Attorney Ronald A. Roth of Granite City represents the plaintiff.

Dean Nichols and Christopher Meyer of Pitzer Snodgrass in St. Louis represent St. Clair Square.

St. Clair County Circuit Court Case No. 12-L-535