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MADISON - ST. CLAIR RECORD

Friday, April 19, 2024

Foreign substance blamed, negligence claimed, following alleged slip and fall at Burger King outlet

State Court

EDWARDSVILLE - A Burger King franchisee, and a former manager of one of its outlets, faces a lawsuit following an alleged slip and fall.

Jacqueiline Weber claims in the Oct. 30 filing in Madison County Circuit Court that she was injured following the slip at the fast food outlet on North Bellwood in Bethalto. It happend on Nov. 2. 2017, according to the complaint.

Weber is suing New Jersey-headquartered Liberty Restaurant Group, which operates 23 Burger King restaurants in Illinois and Missouri, and a former employee, David Fox.

Liberty Restaurant Group did not immediately respond to a request for comment from the Record. A staff member at the Bethalto outlet said Fox no longer worked at the restaurant and had not done so for some time.

In her complaint, Weber states that an area on the floor was "covered with a foreign substance creating a slipping hazard for those walking on the floor."

The suit alleges the defendants knew, or should have known, of the dangerous condition created by the foreign substance, and the risk of harm to those negotiating their way along the route.

Further, the defendants "owed a duty to exercise reasonable care to maintain its premises so as not to cause injury to the plaintiff and others."

The defendants allegedly failed to warn customers, via a barricade or other mains, that there was a hazard on the floor, and they failed to take other protective measures.

As a result of the fall, it is claimed the plaintiff suffered internal and external injuries on, and in, various parts of her body which left her "functions impaired."

She continues to suffer pain and anguish, and has spent money for doctor, hospital. medical, and pharmaceutical expenses, while also losing wages, it is alleged.

As an alternative to the claims, Weber is also claiming negligence on the part of the Liberty as the employer of Fox.

Weber, who is seeking more than $50,000 in damages, is represented by Michah Summers of Walton Telken in Edwardsville.

Madison County Circuit Court case number 2019-L-1549.

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