Madison - St. Clair Record

Monday, September 16, 2019

Woman sues city of Highland over fall on curb last October

State Court

By Karen Kidd | Sep 13, 2019


Zimmer

EDWARDSVILLE — A woman is suing the city of Highland after she allegedly injured her hip when she tripped and fell on a curb in October.

Vicki Durham has named the city of Highland as a defendant in her four-page complaint filed Aug. 26 Third Judicial Circuit Court of Madison County.

The Record requested comment from Highland Mayor Joseph R. Michaelis and the city. A spokesman for the city replied via email, "City of Highland has no comment."

Durham was walking on a sidewalk on the north side of Ninth Street, near the intersection of Washington Street, in Highland at about 2 p.m. on Oct. 26, according to her complaint. She was attempting to cross Ninth Street "when suddenly she was caused to trip and fall on the crumbled curb," the complaint said.

"As a direct and proximate result of one or more of the above negligent failings of defendant, plaintiff suffered severe and permanent injury to her left hip," the complaint continued. "She experienced great pain and suffering and willing the future."

Durham claimed in her complaint that the city "caused or permitted the sidewalk curb to be and remain in a poor state of construction and repair, and caused or permitted crumbling and broken parts to be and remain on the sidewalk curb at the above described location, so that the curb was rough, uneven and corroded, and unsafe for pedestrian use."

Durham's injuries have required and will require "large sums of money," she has lost wages "and has suffered the loss of her normal life," the complaint said.

Her complaint asks for a judgment in her favor "in an amount that will fairly compensate her for her damages" in excess of $50,000, in addition to costs of the suit "and such other and further relief as this court finds just and proper."

The complaint was filed on behalf of Durham by Belleville attorney Patricia A. Zimmer of Ripplinger & Zimmer, LLC, under case no. 2019L 001217

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City of Highland Madison County Circuit Court

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