EDWARDSVILLE - A hearing on the legal action taken by a mother and daughter against a steak house following a slip and fall is due to take place.
The case management conference before Circuit Judge Dennis Ruth centering on a case filed by Jennifer Wilson, on her behalf and as next friend of her daughter Dorothy Wilson, will take place Dec. 11.
Wilson, in her complaint filed Jan. 17, 2019, in Madison County Circuit Court, claims she and her child were injured after they slipped and fell inside the Steak N Shake restaurant in Collinsville, and that the owner was guilty of negligence.
But the defendant denied the allegations and, in an affirmative defense, stated that the mother failed to keep a careful look out and failed to properly supervise her daughter during their visit to the restaurant on Jan. 17, 2017.
The defendant also argues that the daughter failed to keep a look out and ran into an area of the restaurant where she should not have been been, and that any danger was open and obvious.
According to the initial complaint, the plaintiffs stated that they were inside the restaurant when the mother slid on a wet part of the floor, causing both herself and her daughter to fall.
The older Wilson claims claims she suffered severe and extensive injuries to her body while Dorothy Wilson suffered a leg fracture and other injuries.
They allege the defendants failed to properly clean up a spilled beverage on the floor and failed to give adequate warning of the unsafe condition.
The plaintiffs are seeking damages of more than $50,000 but less than $75,000, plus costs. They are represented by Peter S. Blasi of Evans & Blasi in Granite City.
Defendant Steak N Shake is represented by Joseph R. Swift and Zachary T, Faires of Brown & James in St. Louis.
Madison County Circuit Court case number 19-L-0071