Madison - St. Clair Record

Sunday, December 15, 2019

Plaintiff requests speedy trial in fall case against Home Depot

State Court

By John Breslin | Nov 13, 2019

Homedepot

EDWARDSVILLE - A woman who claims Home Depot's negligence caused her to fall and suffer injuries is seeking a speedy trial on the claim.

An attorney for Jacquelyn Williams has filed a motion for an expedited trial. An oral hearing on the motion will take place Nov. 14 before Madison County Circuit Court Judge David Hylla.

Williams, who filed her complaint Jan.11, claims the home improvement giant, and its employees, were negligent because they failed to take reasonable care to maintain the parking lot outside the premises in Alton.

In its reply, Home Depot either denied the allegations or stated that there was insufficient information to respond.

The company also filed May 8 an affirmative defense accusing the plaintiff of being careless and negligent for failing to keep a proper look out or exercise proper care as she walked from her car to the store.

In addition, the plaintiff placed herself in an "area containing an open and obvious condition, namely a manhole, without regard for her safety."

Home Depot states that the plaintiff is more than 50 percent responsible for the accident and subsequent injuries and therefore is not entitled to damages. In the alternative, the company argues that if found to be less than 50 percent, any damages should be proportionate to the amount of blame.

According to her complaint, Williams states that on June 8, 2018, she was walking from her parked car towards the store when she tripped and fell due to an uneven surface in the parking lot.

Williams claims she sustained serious injuries, which resulted in medical and hospital bills and was prevented from attending to her usual duties and affairs, according to a previous report.

The plaintiff alleges Home Depot failed to correct the dangerous condition in the parking lot and failed to give adequate warning of the existing danger.

Williams is seeking more than $50,000, plus court costs. She is represented by attorney Lanny Darr of Darr Law Offices in Alton.

Home Depot is represented by Heather D. Erickson and Meghan D. White of Sanchez, Daniels & Hoffman in Chicago.

Madison County Circuit Court Case number 19-L-0037

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