Madison - St. Clair Record

Sunday, December 15, 2019

Fall at apartment complex prompts lawsuit against property owners

State Court

By John Breslin | Nov 13, 2019

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EDWARDSVILLE - A tenant at an apartment complex claims she suffered injuries after stepping into a hole in a badly lighted common area.

Kristie Wright filed suit against the representative of a trust and a couple she alleges are responsible for injuries suffered in the incident, which reportedly happened on Nov. 5, 2017,

Wright filed suit Oct. 31 in Madison County Circuit Court against Richard B. Sommer as trustee of the Richard B. Sommer Revocable Trust and Gordon L. Schwab and Connie S. Schwab, the named owners of the property on Weber Driver in Edwardsville.

She is claiming negligence on the part of the defendants for allowing a hole to be present adjacent to the sidewalk in what she describes as a part of the apartment complex's common area with insufficient lighting. The Record was unable to reach the defendants to ask for a response to the complaint.

The complaint claims that the defendants "knew, or should have known, of the dangerous condition" and had a duty of care to make sure the plaintiff and others were not put at risk of "serious injury."

They also failed to maintain or fix the problem, according to the complaint, and had a duty to warn by erecting barriers that revealed the potential danger.

Wright claims she suffered internal and external injuries to "numerous parts of her body," pain and anguish, has spent money on doctor, hospital, medical, and pharmaceutical products, and lost wages.

The complaint includes similarly worded allegations against all three defendants. She is seeking more than $50,000 in damages.

Wright is represented by Micah Summers of Walton Telken in Edwardsville.

Madison County Circuit Court case number 2019-L-1565.

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