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Fairview Heights apartment owners deny liability in icy slip, fall suit

MADISON - ST. CLAIR RECORD

Thursday, November 21, 2024

Fairview Heights apartment owners deny liability in icy slip, fall suit

Lawsuits

The owners of a Fairview Heights apartment complex deny liability in a woman’s lawsuit alleging she injured her leg after slipping and falling down steps due to ice accumulation.

Plaintiff Carlotta Kimble filed her complaint on March 27 against Irene and Edward Blake and Lakewood Estates Property Management.

According to the complaint, Kimble claims the Blakes owned an apartment complex located on Peachtree Lane in Fairview Heights, which was managed by Lakewood Estates. She alleges that on Feb. 7, 2019, she was visiting the complex when she slipped and fell while walking down wooden steps towards the parking lot due to the accumulation of ice. Kimble also claims the steps were in disrepair.

As a result, Kimble alleges she suffered serious and permanent injuries to her right leg, which required surgery.

The defendants are accused of failing to properly maintain and keep the steps in a safe condition, failing to warn visitors of the dangerous condition, allowing ice to accumulate on the steps, failing to prevent visitors from coming into contact with the ice, and failing to provide adequate lighting in the area.

The defendants answered the complaint on June 4 through attorney Jack Kiley of Erickson Davis Murphy Johnson & Walsh Ltd. in Decatur, Ill., denying liability.

In their affirmative defenses, the defendants argue that Kimble had a duty to exercise ordinary care for her own safety. They allege Kimble contributed to her own injuries by failing to keep proper lookout, failing to observe an open and obvious condition, and failing to maintain control of her body.

Kimble responded to the defendants’ affirmative defenses on June 8 through attorney Katie Hubbard of Brown & Crouppen PC in St. Louis. She denies each and every allegation.

The plaintiff seeks a judgment of more than $50,000, plus costs and all other relief the court deems just.

St. Clair County Circuit Court case number 20-L-250

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