Three defendants voluntarily dismissed without prejudice in lawsuit against local gym

A woman claiming she fell in the parking lot of an East Alton gym has voluntarily dismissed three defendants from her lawsuit.

Plaintiff Brittney Johnson filed a motion to voluntarily dismiss her cause of action against defendants Vickie Maxwell, doing business as Fitness & Fun, Smunk LLC, and Fitness & Fun LLC without prejudice.

Madison County Circuit Judge Dennis Ruth approved the motion on Oct. 30, allowing only the specified defendants to be dismissed.

According to the complaint filed on Sept. 30, Johnson claims she was visiting Fitness & Fun Plus on Oct. 10, 2011, when she fell in the parking lot, allegedly suffering injuries to her right knee, ankle, wrist and arm.

She originally blamed Fitness & Fun Plus for failing to properly maintain its parking lot and failing to warn Johnson of the defective conditions of its parking lot.

Carole A. Tobin, doing business as Fitness & Fun, Carole A. Tobin individually and Fitness & Fun Plus, Inc. are the remaining defendants in the case.

Johnson seeks an unspecified judgment in excess of the minimum jurisdictional limits of the Madison County Circuit Court.

Laura A. Cole of Smith, Mendenhall, Selby & Cole in Alton represents the plaintiff.

Attorneys for the defendants have not yet been identified.

Madison County Circuit Court case number 13-L-1640