Madison - St. Clair Record

Monday, October 14, 2019

Tenant accuses building owners of negligence over alleged faulty porch

By Carol Ostrow | Aug 25, 2015

A Madison County tenant is suing his building's owners after allegedly falling to the ground when a porch railing broke in 2013.

Theron Mason filed a lawsuit on July 27 in Madison County Circuit Court against Illinois Holdings I LLC, Illinois Holdings II LLC, Cary Lane, Daniel Fryling, Walter L. Loeffelman, Keith W. Mills, and Michael V. Freedline of various Illinois and Missouri locales, alleging negligence in the July 2013 incident.

The suit states that the plaintiff was a tenant and resident of a building owned and maintained by the defendants, to whom he paid rent. Mason alleges that a porch and railings surrounding parts of his building, which were provided for common use of all tenants, were allowed to deteriorate and became hazardous to occupants.

The plaintiff claims he fell when a “loose, unmaintained and decayed” railing broke and gave way on July 28, 2013, causing him to fall into bushes on the ground below and allegedly sustaining severe injuries to his shoulders, back, legs, knees and feet.

Mason contends that the defendants had a legal duty to keep the porch and railings in a reasonably safe condition and said his injuries were the direct and proximate result of the defendants’ negligence.

Alleging pain, discomfort, loss of a normal life, lost wages and earning capacity, restriction of activity and medical bills, Mason is seeking damages for more than $50,000 plus attorneys’ fees and costs. He is represented by Brian Bendick of Hearne & Bendick in St. Louis, Missouri.

Madison County Circuit Court case number 15-L-946.

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