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MADISON - ST. CLAIR RECORD

Saturday, April 20, 2024

Customer voluntarily dismisses suit over slip, fall at O'Fallon restaurant

Lawsuits

A man voluntarily dismissed his personal injury lawsuit alleging he slipped and fell at the O’Fallon 54th Street restaurant.

Plaintiff Randy Hurt moved to voluntarily dismiss the suit through attorney John Wilbers of The Wilbers Law Firm LLC in St. Louis. The case was dismissed without prejudice on Jan. 6.

Hurt filed his complaint on Nov. 20 against Kellan Restaurant Management Corporation, owner of a chain of similar grill restaurants in Illinois, Missouri and Texas.

According to the complaint, Hurt claimed he was injured on April 19 after slipping on a greasy substance on the floor at the O’Fallon 54th Street Grill.

“As a result of greasy floors, the property of defendant was not reasonably safe for invitees,” the suit stated.

Hurt also claimed the defendant had “ample opportunity” to make the area safe.

Kellan Restaurant Management was accused of negligently failing to clear up, barricade or otherwise warn of a dangerous condition on the premises.

Hurt alleged he sustained “permanent and disabling” injuries to his neck and back, causing him to suffer pain and anxiety. He also alleges he incurred medical expenses and lost earnings.

He sought damages of more than $50,000, plus costs and all other relief deemed just and proper.

St. Clair County Circuit Court case number 19-L-816

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