A Belleville law firm has responded to a Benton woman’s lawsuit claiming she suffered injuries from tripping on a raised floor at its office.
Edwardsville attorney Troy Bozarth who represents Kirkpatrick Law Offices in Belleville wrote in a March 20 response to the lawsuit that the step at issue the plaintiff claims caused her injuries was open and obvious in condition in nature.
“Accordingly, this step or area around the step created no forseeable risk of harm, and defendant had no such duty to remedy the condition,” Bozarth wrote.
The lawsuit was filed Feb. 4 by Marilynn Hundley in St. Clair County Circuit Court.
In her complaint, Hundley alleged she visited Kirkpatrick Law Offices at No. 3 Executive Woods Court in Belleville on June 6, 2012, in an attempt to participate in mediation when she tripped over a raised area on the floor.
In addition to her injuries, Hundley incurred medical costs, experienced pain and suffering, lost wages and suffered an impaired earning capacity because of the incident, according to the complaint.
Hundley blames Kirkpatrick Law Offices for causing her injuries, saying it negligently failed to paint a step, so users could see it and failed to warn of a change in elevation.
Bozarth also wrote that if the plaintiff was injured and sustained damages, the plaintiff’s claim is barred in whole or in part due to her assumption of the risk involved in navigating an open and obvious step present on the defendant’s facility.
“Accordingly, this step or area around the step created no forseeable risk of harm and defendant had no such duty to remedy the condition,” Bozarth wrote.
Hundley seeks a judgment of more than $50,000.
James R. Williams of Williams, Caponi and Foley in Belleville represents her.
Dougglas A. Stultz also represents Kirkpatrick Law Offices.
The case was assigned March 6 to St. Clair County Circuit Judge Robert P. LeChien.
St. Clair County Circuit Court case number: 13-L-63.