Madison - St. Clair Record

Sunday, November 17, 2019

Customer sues following alleged trip over foot rail at Fresh Thyme seafood counter

State Court

By John Breslin | Nov 4, 2019


BELLEVILLE - A customer is suing a store over claims she tripped and fell on a foot rail situated at the bottom of a counter.

Lisa Ferrarie filed suit Oct. 22 in St. Clair County Circuit Court against Lakes Venture, which operates several Fresh Thyme Farmers Market stores, including one in Fairview Heights.

Ferrarie, of Caseyvi!le, states in her complaint that, that during a visit to the Fairview Heights store on March 6 this year, she was speaking with an employee at the seafood counter area and when leaving tripped over the foot rail, which caused her to fall.

It is claimed that the store did not have any warning that revealed the existence of the footrail. The customer's eyes are drawn to the merchandise and away from the floor and the "tripping hazard," it is further claimed.

A manager at the Fairview Heights did not wish to comment on the filing.

The store allegedly failed to inform or warn customers of the foot rail's existence, did not install it in a safe way, and failed to inspect the premises.

It is further claimed that the store, and its representatives, knew of the "presence of said defect," and "negligently and carelessly failed to warn the Plaintiff of said defect that constituted a hazard to the safety of its customers." No details of any injuries were included in the complaint.

Ferrarie, who is represented by Keith Short and Jack Daugherty of Short and Daughterty, Alton, is seeking more than $50,00 in damages.

St. Clair County Circuit Court case number 2019-L-736.

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