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Customer failed to keep proper look out when leaving pub, pub defendant argues

MADISON - ST. CLAIR RECORD

Friday, November 22, 2024

Customer failed to keep proper look out when leaving pub, pub defendant argues

State Court
Madisonpub

Jackson's Corner | facebook.com

EDWARDSVILLE - An Alton pub claims a customer failed to keep a careful look out when she exited the premises and allegedly injured herself.

Johnson's Corner on State Street also argues that Maria Pace should not be entitled to any damages if she is found to be more than 50 percent responsible for the fall.

A hearing on the action was due to take place before Madison County Circuit Court Judge David Dugan on Dec. 11.

Price claimed, in a complaint filed Aug. 29 against the city of Alton and the pub, that she was leaving the premises via Logan Street in September 2018, when she fell  "on an unmarked and raised area on the sidewalk."

The plaintiff claims she suffered "severe and permanently disabling and disfiguring" facial injuries, including a fracture, and has endured "great pain and mental anguish."

Pace also lost and "will continue to lose large sums of money due to her inability to pursue her normal gainful occupation," according to the complaint. She has needed "necessary hospital and medical treatment."

The plaintiff alleged the city of Alton created a dangerous condition on the sidewalk, failed to mark or otherwise warn about the dangerous condition and "designed the sidewalk in such a way as to create a tripping hazard for users." 

She added in her complaint that the pub was negligent for failing to provide a safe exit, provide adequate lighting, warn about the dangerous condition of the sidewalk and "take corrective action to mitigate the dangerous condition of the sidewalk."

Pace is represented by attorney Gregory L. Shevlin of Cook, Bartholomew, Shevlin, Cook & Jones in Belleville.

Johnson's Corner is represented by John P. Cunningham of Brown & James in Belleville.

Madison County Circuit Court Case number 2019-L-001234

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