Subway Real Estate argues that a man alleging he was injured by a falling light fixture at the East St. Louis Subway contributed to his own injuries by handling the overhead light and causing it to fall.
Plaintiff Terrence Higgins filed his complaint on Sept. 28, 2017 against Jigbee. He amended his complaint in January, adding Subway Real Estate as a defendant.
He alleges that on Feb. 24, 2017 he was at the East St. Louis Subway when a light fixture fell from the ceiling of the men’s restroom and struck him on his head and upper body.
Higgins claims the defendants failed to properly inspect the light fixture, failed to secure it so that it would not fall from the ceiling and failed to warn patrons of the dangerous condition of the light fixture.
Subway Real Estate answered the complaint on March 18 through attorney Lucy Unger of Law Offices of Lucy T. Unger in St. Louis.
In its affirmative defenses, the defendant argues that the plaintiff “was guilty of contributory negligence by negligently and carelessly failing to exercise due care for his own safety by adjusting, moving, or otherwise handling the overhead light so as to cause it to fall from it safe and secure moorings.”
It also argues that the plaintiff fails to allege that the defendant had reason to know of an alleged defect in the light fixture at issue.
Subway Real Estate further argues that the plaintiff’s alleged injuries already existed or resulted from the natural progression of a pre-existing condition unrelated to the incident with the light fixture.
Higgins answered the affirmative defenses on May 17 through attorney Stephen C. Buser of Law Office of Stephen C. Buser Ltd. in Columbia, Ill., and James T. Corrigan of O’Leary, Shelton, Corrigan, Peterson, Dalton & Quillin LLC in St. Louis. He denied each and every allegations and requested the affirmative defenses be dismissed with prejudice.
Jigbee previously answered the complaint on Feb. 7 through Unger, arguing that the plaintiff’s own negligence contributed to his alleged injuries and that he fails to show that the defendant had reason to know of the alleged defect.
In April, Higgins filed a motion for inspection of the restroom where he was allegedly injured and to take photographs.
However, Jigbee argued that it no longer has a possessory interest of the restaurant where the alleged injury took place.
“Accordingly, defendant is unable to provide plaintiff’s counsel with entry or a right to inspect. The Subway restaurant in question is currently owned and managed by a separate entity over which defendant has no control,” the opposition stated.
St. Clair County Circuit Court case number 17-L-562