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Monday, August 19, 2019

City of Belleville seeks to dismiss suit alleging resident was injured after stepping in pothole

By Heather Isringhausen Gvillo | Oct 20, 2015


The City of Belleville alleges immunity and seeks to dismiss a resident’s suit alleging she was injured after stepping in a pothole.

Linda Braboy filed her lawsuit on Aug. 26 against Trust Number 1101423, Chicago Title Land Trust Co. and the City of Belleville.

According to the complaint. Braboy claims she was walking her dog in the side yard of her apartment building, which is owned by Trust Number 1101423, located at 3509 N. Belt West in Belleville on Sept. 5, 2013. She alleges she stepped in a grass-covered hole, causing her to fall and injure herself.

The hole was allegedly caused by leaking water and sewer pipes, the suit states.

Braboy alleges the defendants were careless and negligent in failing to keep the yard reasonably safe and failing to remedy the condition, barricade or warn of it, the suit states.

Braboy claims she suffered injuries to her shoulders, back and left knee. She seeks damages from each defendant in excess of $50,000, plus costs of the suit.

The City of Belleville filed a motion to dismiss Count III of the complaint on Sept. 9 through attorney Thomas Hunter of Becker, Hoerner, Thompson & Ysursa in Belleville. The defendant argues that Count III fails to state a claim, because it “merely consists of one paragraph directed against the City of Belleville and a conclusion regarding the leaking of pipes and provides no other allegations, and specifically does not state allegations of ownership or control.”

The defendant also alleges immunity under the Illinois Local Governmental and Governmental Employees Tort Immunity Act.

“Plaintiff fails to allege actual and constructive notice on the part of the City of Belleville in a reasonably adequate time to have taken measures,” the motion states.

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

Braboy is represented by Michael R. Swafford of the Law Office of Michael R. Swafford in St. Louis.

St. Clair County Circuit Court case number 15-L-485

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