EDWARDSVILLE — The city of Highland is claiming a woman was more than 50 percent at fault for an alleged fall that led to her claiming for damages for an injured hip.
Vicki Durham filed suit against the city Aug. 26 in Madison County Circuit Court. A hearing was due to take place before Judge David Hylla Dec. 11
The city claims the plaintiff was more than 50 percent at fault and therefore is not entitled to any damages.
Durham claimed in her complaint that the city "caused or permitted the sidewalk curb to be and remain in a poor state of construction and repair"
The complaint further stated that the city "caused or permitted crumbling and broken parts to be and remain on the sidewalk curb at the above described location, so that the curb was rough, uneven and corroded, and unsafe for pedestrian use."
Durham's injuries have required and will require "large sums of money," she has lost wages "and has suffered the loss of her normal life," the complaint stated
Her complaint asks for a judgment in her favor "in an amount that will fairly compensate her for her damages" in excess of $50,000, in addition to costs of the suit "and such other and further relief as this court finds just and proper."
Durham is represented by Patricia A. Zimmer of Ripplinger & Zimmer in Belleville. The city of Highland is represented by Charles A. Pierce of the Pierce Law Firm, Belleville.
Madison County Circuit Court case number 2019-L-217