A man’s lawsuit alleging he slipped and fell at a Flying J Truckstop while using the shower is at trial in St. Clair County Circuit Judge Heinz Rudolf’s courtroom.
Plaintiff Randy Brookman is represented at trial by Charles Armbruster and Michael Blotevogel of Armbruster Dripps Winterscheidt & Blotevogel LLC in Maryville.
Defendant Pilot Travel Centers LLC, doing business as Pilot/Flying J Truckstop, is represented by John Cooney and Justin Zimmerman of Lewis Brisbois Bisgaard & Smith LLP in Edwardsville.
Brookman filed his complaint Jan. 23, 2017. He argues that on Oct. 14, 2015 he was a customer at the Oakwood Flying J Truckstop. While there, he claims he was using the shower when he slipped and fell.
He claims the “shower was unreasonably slippery because a degreaser/cleaner had just been applied to the surface of the shower, making the surface unusually slippery and dangerous, and not reasonably safe.”
As a result, Brookman claims he suffered injuries to his left shoulder and neck, endures nervousness and anxiety, incurred medical expenses, suffered lost wages
Brookman alleges the defendant breached its duty to keep its premises safe by failing to remove, remedy, barricade, or warn of the condition.
In its answer to the complaint, Pilot argues that the plaintiff caused or contributed to his own alleged injuries by failing to keep a careful lookout, failing to observe and heed an open and obvious condition, failing to exercise ordinary care and failing to mitigate damages.
The defendant also argues that the plaintiff assumed the risk of using the shower with knowledge of the alleged degreaser/cleaner.
Pilot also tried transferring the suit to Vermillion County.
The defendant argued that transfer is proper because the plaintiff is not a resident of St. Clair County, and the incident did not occur there. Instead, the alleged injuries occurred in Vermillion County.
Pilot also argued that the plaintiff resided in Springfield, Mo. and was employed by Shrock Trucking in Springfield, Mo. at the time of the incident. Therefore, all witnesses are located in Springfield, Mo.
“All of these individuals, except for the Pilot employees, reside in Springfield, Missouri or the surrounding area,” the motion stated.
Pilot also argued that Vermillion County saw 32,595 filings in 2015 while St. Clair County saw 91,583 filings that year, making it a more crowded docket.
“Pilot is unaware of any connection for this case to St. Clair County, Illinois, other than the existence of unrelated Pilot locations (though these locations are not at issue in this matter). Thus, plaintiff has failed to allege any meaningful connection between the subject matter of this case and St. Clair County, Illinois,” the motion stated.
In his response, Brookman argued that his choice of venue in St. Clair County “is substantially closer to where he resides in Springfield, Missouri, to the lay witnesses who can testify about his condition before and after the subject incident, and to the providers who are treating him for his injuries.”
“As such, defendant’s choice will inconvenience plaintiff and numerous witnesses,” the response stated. “In light of that, and the fact that witnesses are scattered across several counties and states, there are no ‘exceptional circumstances’ warranting transfer of this case.”
Former St. Clair County Circuit Judge Vincent Lopinot denied the request to transfer on Oct. 11, 2018.
“Given the totality of facts and circumstances presented by counsel through their pleadings and argument, the court finds that the relevant factors do not strongly favor transfer,” Lopinot wrote.
Brookman was originally represented by attorneys Frederick Ludwig of Ludwig Law Firm LLC in St. Louis and Matthew Uhrig of the Law Offices of Matt Uhrig LLC in Ashland, Mo. Ludwig and Uhrig filed a motion to withdraw in February 2018. Their request was granted in March 2018
St. Clair County Circuit Court case number 17-L-25