Madison County Circuit Judge Andreas Matoesian scheduled a jury trial in a woman’s lawsuit claiming she was injured after attempting to ride a sled down a sewer pipe at a Collinsville home.
The jury trial was set for Sep. 8, 2014, at 9 a.m.
According to the complaint filed July 30, Deborah Creamer claims she was invited to join a party at defendant Brian C. Hayes’ home in Collinsville where she attempted to ride a sled down a homemade slide constructed from corrugated sewer pipe. She alleges she struck her legs and feet on the slide during the process, the suit states.
Hayes Contracting is also named a defendant in the case.
Hayes filed an answer through attorney Stephen Mudge of Reed, Armstrong, Mudge & Morrissey in Edwardsville on Sep. 27 denying the allegations against him.
Hayes also filed an affirmative defense claiming “any conditions alleged to have been associated with the slide were open and obvious, such that no duty existed as to defendant. As defendant had no duty to plaintiff, the complaint should be barred.”
Hayes filed a motion to dismiss, claiming the complaint was filed against C. Brian Hayes individually and alleges he is doing business as Hayes Contracting while also naming Hayes Contracting as a separate defendant. However, a corporation is a separate, distinct entity from individuals owning and working there, the motion states.
“Given the status of corporations as legal entities unto themselves,” the motion states, “it is inappropriate to allege that a natural person is ‘doing business as’ a corporation.”
The defendant also argues that the facts surrounding the incident apply to a holiday party gathering organized by Hayes personally.
“No facts have been set forth tying the alleged accident to any corporate property, corporate function, or corporate business,” the motion states. “Further, no duty or negligence on the part of the corporation as a legal entity has been alleged in the complaint.”
Hayes finally stated that Count II of the plaintiff’s complaint should be stricken in its entirety, which was directed at Hayes Contracting. He also requested anything referencing Hayes Contracting be stricken as well.
Creamer seeks a judgment of more than $100,000.
Matoesian scheduled a motion hearing for Nov. 8 at 9 a.m.
Morgan Scroggins of Scroggins Law Office in Granite City represents Creamer.
Madison County Circuit Court case number 13-L-1275