Madison - St. Clair Record

Sunday, February 23, 2020

Glen Carbon gym calls faulty toilet ‘open and obvious condition’

By Heather Isringhausen Gvillo | Oct 6, 2015


A Glen Carbon gym denies liability in a guest’s lawsuit alleging injuries from a faulty toilet that had come loose from the floor.

According to Paula and Michael Homan’s Aug. 19 lawsuit, Paula Homan was at Our Health Club and Spa LLC located at 4 Cougar Drive in Glen Carbon on June 26 when she says she went into the women’s locker room at the gym. While in the bathroom stall, she claims she attempted to sit on the toilet but it allegedly came loose from its base, causing her to fall to the floor and sustain injuries.

The plaintiffs allege the defendant failed to provide a safe restroom, failed to properly inspect the toilets, failed to learn if their plumbers were competent, failed to warn Homan about a hazardous condition, failed to tighten the bolts to the proper torque and failed to hire qualified plumbers.

Our Health Club and Spa denied the allegations in its Sept. 22 answer to the complaint. Instead, the defendant claims any alleged injuries were caused by Paula Homan’s failure to keep a proper lookout for her own health and well-being and failure to ensure her own safety.

The defendant also argues in its affirmative defenses that the condition of the premises was open and obvious.

Paula Homan seeks more than $100,000 in damages, plus costs. Her husband seeks damages of more than $50,000 for loss of consortium, plus costs.

The plaintiffs are represented by Brian M. Wendler and Ellen R. Burford of Wendler Law PC in Edwardsville.

James C. Leritz and Kelly T. Kirkbride of Leritz, Plunkert & Bruning represent Our Health Club and Spa.

Madison County Circuit Court case number 15-L-1049

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Wendler Law