EDWARDSVILLE - A woman suing Madison County over claims she was injured while stepping out of an elevator was negligent herself, according to an affirmative defense filed in response to the complaint.
Lisa Boccaleoni alleges the county failed to make sure that an elevator in one of its buildings was safe to use.
A case management conference is set to take place before Judge David Hylla on Sept. 26.
She first filed her complaint June 6, 2018, with Madison County countering by denying the allegation and accusing Boccaleoni of being the author of her own misfortune on Jan. 4 this year.
In its affirmative defense, the county stated the plaintiff was negligent, or her negligence contributed to what happened and any alleged injuries.
The plaintiff failed to keep a proper look out as she exited the carriage, failed to exercise reasonable care, and was inattentive.
Further, the affirmative defense affirms, the county had no "constructive notice" that there was anything wrong with the elevator prior to the alleged incident.
It was also "open and obvious" how an elevator works. The plaintiff had previously traveled up and down between floors and that the doors would open allowing her to exit.
But the plaintiff claims the elevator malfunctioned, and as a result she suffered physical injuries and was subsequently left with medical bills.
Boccaleoni alleges the defendant failed to inspect and properly maintain the elevator.
She is represented by Lanny Darr of Alton.
Madison County is represented by Feirich Mager Green Ryan of Carbondale.
Madison County Circuit Court case number 18-L-735