Madison - St. Clair Record

Tuesday, April 7, 2020

Property owner says trip, fall plaintiff was injured in fight while intoxicated

By Karen Kidd | May 24, 2018

General court 4

EDWARDSVILLE — A Wood River property owner seeks medical records from a woman alleging she tripped on a hole on the defendant's property, arguing that the woman was instead intoxicated and pushed down during an altercation with a third party. 

Counsel for property owner Anita J. Bowman filed a certificate of service last month at the Madison County Circuit Court, stating that Bowman is seeking documents from plaintiff Monica L. Haxton. Bowman, including Medicare and Medicaid information. 

Haxton filed suit in January against Bowman, alleging she was injured in October 2016 when she stepped into a concealed hole on the defendant's property and fell. 

The plaintiff seeks a judgment against Bowman of more than $50,000, plus costs. 

In her March 2 answer to Haxton's complaint, Bowman admits that Haxton was injured on her property but claims Haxton's injuries were the result of her own negligence. 

Bowman alleges Haxton was intoxicated and involved in a fight with a third party at the time of her fall. 

"Without waiving her denials, the plaintiff's injuries were not a result of the defendant's negligence, nor as a result of the plaintiff falling in a hole, but rather because the plaintiff was involved in an altercation with another person, with whom she fought and was subsequently pushed down, causing her injuries herein," Bowman's answer states.

At the time of the alleged fight, Haxton was allegedly intoxicated and "was abusing drugs, which in combination with alcohol, cause her to be inebriated or significantly impaired," the answer states.

Bowman claims Haxton's negligence "was the sole proximate cause of the injury or in combination with an altercation she was involved in with another person," the answer states. 

Haxton is represented by Thomas E. Hildebrand of Granite City. 

Bowman is represented by Stephen C. Mudge and Jennifer M. Wagner of Reed, Armstrong, Mudge & Morrissey in Edwardsville. 

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Reed, Armstrong Mudge & Morrissey