Madison - St. Clair Record

Friday, November 15, 2019

Trucking company seeks to transfer slip and fall suit

By Heather Isringhausen Gvillo | Sep 14, 2015


A trucking company sued in an employee’s slip and fall case seeks to transfer the personal injury lawsuit to White County, where the defendant is allegedly a resident.

Charles Robinson and Brandie Robinson field the lawsuit on May 5 against Roark Trucking LLC.

According to the complaint, Charles Robinson was working as an independent contractor for the defendant on Feb 12, 2014, when he says he visited the company office to drop off paperwork. As he was leaving the office through a different door than the one he entered from, he claims he slipped and fell on accumulated ice on the sidewalk.

Robinson claims an exterior downspout draining water from the building’s roof directly onto the sidewalk in front of the exit caused ice to build up, the suit states.

The plaintiff claims Roark knew or should have known of the hazard and failed to address it. He also claims he sustained multiple fractures that required surgical intervention, creating a significant impact on his life with continued mobility issues and pain.

On Aug. 10, Roark filed a motion to transfer venue to White County, Illinois.

The defendant claims it is a resident of Norris City in White County Illinois. Additionally, Roark claims it hauls an average of 15,000 loads every year, and only 3 percent or less of those loads are delivered to St. Clair County.

“Therefore, Roark does not quantitatively do enough business in St. Clair County, Illinois to make venue proper in St. Clair County,” the motion states.

Circuit Judge Andrew Gleeson scheduled a hearing to address the motion to transfer on Oct. 6 at 9 a.m.

The Robinsons seek damages in excess of $50,000, plus attorney’s fees and costs.

The plaintiffs are represented by Philip Lading of Sandberg Phoenix & von Gontard in Edwardsville.

The defendant is represented by Joshua N. Severit of Reed, Armstrong, Mudge & Morrissey in Edwardsville.

St. Clair County Circuit Court case number 15-L-279

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Reed, Armstrong Mudge & Morrissey