EAST ST. LOUIS – Lawrence M. Butler Sr., who sued Target after falling with 55 pounds of dog food on his shoulder, lost his suit after losing his lawyer.
U.S. Magistrate Judge Mark Beatty granted summary judgment to Target on June 22, finding photographs of its sidewalk at Belleville Crossing showed no defect.
Butler’s former lawyer, Joslyn Sandifer of Belleville, withdrew in March.
Sandifer filed Butler’s complaint in St. Clair County circuit court in 2018, stating he “tripped over an uneven raised concrete walkway” in January of that year.
He alleged he fractured his right ankle and suffered internal and external injuries to his back, neck, knee, ankle, body, and limbs, and claimed he suffered disability as a result.
Target, a Minnesota corporation, removed the suit to district court on the basis of diverse citizenship.
Last October, Target moved for summary judgment.
In December, Sandifer submitted photographs of the sidewalk.
On March 6, Sandifer advised Beatty that communication with Butler broke down.
“Plaintiff desires a different legal strategy to be employed and believes that new counsel could help ensure the type of disposition he desires,” Sandifer wrote.
She wrote that he informed her that he met with several attorneys willing to enter the case if she would withdraw.
No one entered, and Target moved to dismiss for lack of prosecution in May.
Butler didn’t respond, and summary judgment rendered the motion moot.
Beatty found that Butler and the first Target employee on the scene, Tabatha Johnston, both testified that they didn’t observe dangerous conditions.
He found Butler couldn’t find or measure any lip or bump in the sidewalk when he returned the next day.
He found Johnston testified that she was unaware of any falls there for at least five years and that no customers or employees complained.
He found the photographs presented ordinary defects with a bit of grout missing.
Beatty wrote that nothing appeared to be hidden, unusual, or unexpected.
“Nothing in the photographs even appears to be uneven or protruding,” he wrote.
Beth Boggs of Olivette, Mo., represented Target.