Madison - St. Clair Record

Wednesday, August 21, 2019

Homeowners settle grandmother’s Halloween trip, fall suit

By Heather Isringhausen Gvillo | May 31, 2018


Smithton homeowners advise that they have settled a grandmother’s suit alleging she tripped on a Halloween display in their yard while trick-or-treating with her grandchildren.

St. Clair County Circuit Judge Vincent Lopinot wrote in a May 14 order that the parties have advised that the matter has settled.

Pending the execution of necessary settlement documents, Lopinot scheduled a status conference for July 30 at 9 a.m.


Cunningham

Donna Rae of Freeburg filed the complaint on Oct. 26, 2016, against Michael and Kimberly Mattingly.

In her complaint, Rae alleges she was injured when she tripped on the inflatable decoration on Oct. 31, 2014.

As a result, she claims she sustained pain and suffering, emotional distress, permanent scarring, amnesia and impairment of earning capacity.

Rae alleges the defendants negligently created an unsafe ingress and egress, failed to install warning signs that the guide wire was present and failed to keep their premises safe to traverse.

The defendants answered the complaint on Dec. 9, 2016, through attorney John Cunningham of Brown & James in Belleville.

They argue that the plaintiff caused her own injuries by failing to use a sidewalk or driveway.

Rae is represented by Grey Chatman Jr. of Belleville.

St. Clair County Circuit Court case number 16-L-570

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Brown and James, P.C.