St. Clair Square Mall claims a shopper contributed to her own alleged injuries in a slip and fall case for failing to expect that water would be present in a restroom area.
Beverly Postar filed a lawsuit on Oct. 7 against St. Clair Square Limited Partnership, doing business as St. Clair Square Mall, CBL & Associates Management, Inc., doing business as St. Clair Square Mall, ERMC II L.P. and Vic White.
According to the complaint, Postar claims she entered the St. Clair Square Mall on Dec. 9, 2008, and used one of its restroom stalls. She alleges she slipped and fell on a pool of water on the floor in the stall, causing injuries to her pelvis, right foot, right hand and teeth.
Postar argues the defendants failed to properly secure the toilet to the floor, allowed water to leak out, failed to warn its customers about the defect, permitted its customers to use the defective toilet and failed to inspect the toilet.
The defendants filed a joint answer to the complaint on Nov. 2 through attorney Dean Nichols of Pitzer Snodgrass in St. Louis.
The defendants included four affirmative defenses. They argue that any alleged injuries were the result of the plaintiff’s own carelessness and fault for failing to keep a careful lookout by not watching where she was going and failing to avoid the open and obvious condition of water, which they say would have been expected in the restroom area.
Postar answered the affirmative defenses on Nov. 23 through attorney Matthew Marlen of Belleville. She denied each and every allegation against her.
The plaintiff seeks damages of more than $50,000, plus costs of the suit.
St. Clair County Circuit Court case number 15-L-569