Madison - St. Clair Record

Saturday, April 4, 2020

NAPA Auto Parts seeks to transfer trip and fall case to Randolph County

By Heather Isringhausen Gvillo | Oct 13, 2015

A NAPA Auto Parts store filed a motion to transfer a customer’s lawsuit alleging he tripped over a concrete impediment in the parking lot of the Sparta store.

Douglas K. Rushing and Patricia Rushing filed their July 31 lawsuit against Sparta Equipment Sales & Service Inc., which operates NAPA Auto Parts, in the St. Clair County Circuit Court.

The defendant filed a motion to transfer venue to Randolph County, arguing that the alleged incident occurred at the NAPA Auto Parts Store located in Randolph County, which also happens to be the location of the defendant’s registered office.

Further, Sparta Equipment Sales & Service claims it does not do any business in St. Clair County.

According to the complaint, Douglas Rushing claims he was injured on Aug. 2, 2013, after tripping over a concrete impediment in the parking lot. As a result, he claims he injured his right shoulder, both wrists and his left knee and developed rhabdomyolysis.

The plaintiffs accuse the defendant of negligence for failing to paint the impediment to warn customers of its existence.

Sparta Equipment Sales & Service answered the complaint on Sept. 15 through attorney Michael S. Hamlin of Pitzer Snodgrass in St. Louis.

The defendant asserted three affirmative defenses against the plaintiff, arguing that the Rushings failed to state a claim upon which relief may be granted and denying that the defendant was at fault for any alleged damages.

Sparta Equipment Sales & Service argues that Douglas Rushing failed to exercise due care for his own safety, failed to keep a careful lookout and failed to observe an open and obvious condition.

The Rushings seek damages of more than $50,000, plus costs of the suit.

St. Clair County Circuit Judge Vincent Lopinot scheduled a status conference for Oct. 19 at 9 a.m.

The plaintiffs are represented by Michael L. McGlynn of McGlynn & McGlynn in Belleville.

St. Clair County Circuit Court case number 15-L-435

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Organizations in this Story

Napa Auto PartsMcGlynn & McGlynn