Madison - St. Clair Record

Wednesday, December 11, 2019

Customer claims walkway defect, bad lighting, caused slip and fall

State Court

By John Breslin | Dec 3, 2019


EDWARDSVILLE - A restaurant customer claims a defect on a walkway and poor light caused her to slip and fall as she entered the premises.

Theresa Fowler filed suit Nov. 20 in Madison County Circuit Court against Polly's Restaurant in Cottage Hills and two named individuals.

Fowler is claiming negligence on the part of the restaurant following the incident on Nov. 29, 2017. The Record was unable to contact the named individuals, believed to be the owners, for comment.

She claims to have been injured following the fall, though gives no details, had to pay out medical expenses, and suffered disfigurement, pain and suffering.

The plaintiff, who also states she has lost wages following the incident, is seeking more than $50,000 in damages. 

The complaint alleges that the owners of the restaurant failed to erect signs warning customers due to the "defective walkway," did not provide adequate lighting and failed to maintain the same walkway in a safe condition

According to the complaint, the defect was not visible to the plaintiff because of the failure to properly light the approach to the entrance. It was, it is claimed, therefore a hazard.

The claim of negligence is made in the count against the restaurant and the two individuals jointly.

Fowler is represented by Jane Unsell tof Unsell, Schattnik & Phillips of Wood River.

Madison County Circuit Court case number 2019-L-1664.

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