A St. Clair County jury returned a defense verdict in a woman’s lawsuit alleging she fell in a parking lot.
The two day trial ended on Jan. 8 in Associate Judge Kevin Hoerner’s courtroom when jurors reached a verdict in favor of defendant Danny Schwendeman, doing business as Farmer’s Market.
Plaintiff Marilyn Bowen was represented in the case by James Defranco.
Farmer’s Market was represented by John Cunningham.
At the close of trial, Defranco had asked jurors to award Bowen medical bills in the amount of $40,000 plus another $40,000 to $80,000 for pain and suffering and disability.
According to her complaint, Bowen alleged she was walking at the Farmer’s Market on North Illinois St. on May 10, 2016 when she slipped and fell. She claimed she hit her face on the concrete parking block and suffered a fractured eye socket and broker finger. She was 74 years old at the time of the incident.
During the trial, Defranco had suggested that vehicles dripped oil or other fluids onto the asphalt of the parking lot and accused Schwendeman of failing to power wash the lot.
However, Schwendeman testified that while spills are cleaned up with a hose, he has not found any reason to power wash the parking lot.
Cunningham called witness Michon Coats to testify during the trial, who said Bown tripped over the concrete parking block.
The defense also argued that EMT records indicate that Bowen told them she “tripped over” the concrete parking block.
St. Clair County Circuit Court case number 17-L-524