Madison County Circuit Judge David Dugan granted default judgment in a Wood River tenant’s suit alleging she was injured when part of a ceiling fell on her head.
In his June 5 order, Dugan wrote that plaintiff Barbara Feldman served defendant Scott Smith with summons on three separate occasions in December 2019. Because the defendant failed to respond, Dugan found that Smith is in default on the issue of liability.
Dugan scheduled a hearing on damages for July 30 at 11:30 a.m.
Feldman filed a motion for default judgment on March 3 through attorney Rodney Caffey of the Caffey Law Firm LLC. She requested an order defaulting the defendant and a hearing to determine damages.
Feldman filed her lawsuit on Nov. 1, 2018.
In her complaint, Feldman claims that on July 8, 2017, she was renting a property owned by Smith located at 158 S. Central Avenue in Wood River. She alleges that while she was in the property, the living room ceiling fell on her head.
Feldman claims she sustained injuries to her head, neck and shoulders.
The plaintiff alleges Smith consciously failed to maintain the rental property in a reasonably safe condition and disregard her safety by failing to repair the leaking roof and faulty ceiling tiles.
Feldman seeks damages of more than $50,000, plus costs and all other relief the court deems just and proper.
Madison County Circuit Court case number 18-L-1481