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Glass company denies liability in suit alleging glass door closed on woman, breaking her femur

MADISON - ST. CLAIR RECORD

Sunday, November 24, 2024

Glass company denies liability in suit alleging glass door closed on woman, breaking her femur

Lawsuits

St. Jacob Glass denies liability in a woman’s suit alleging she broke her femur when a sliding glass door closed on her as she exited Mid-America St. Louis Airport. 

Donna Cox filed her complaint on March 25 in St. Clair County Circuit Court against St. Clair County, St. Clair County Public Building Commission, doing business as Mid-America St. Louis Airport, and St. Jacob Glass Inc. 

St. Clair County and Mid-America St. Louis Airport filed a motion to dismiss on June 1 through attorney Thomas Ysursa of Becker Hoerner & Ysursa PC in Belleville. 

The defendants argued that the plaintiff failed to properly plead actual or constructive notice of a defect and failed to properly state a cause of action. They also argued that they are immune from liability for discretionary functions. 

Cox filed an amended complaint on June 22.

According to the complaint, Cox claims she was flying back into St. Clair County on March 30, 2019, and arrived at MidAmerica St. Louis Airport. As she was exiting the interior doors, without warning or notice, the sliding door allegedly shut on her. She claims she was “violently heaved across the floor,” causing her to break her femur. 

“Having sliding glass doors close on people while they are still inside the doorway is such an event that, if conducted properly, does not ordinarily occur to people unless there was negligence. 

Cox alleges St. Clair County and Mid-America St. Louis Airport had a duty to maintain the doors to provide a reasonably safe environment. The defendants are accused of allowing the door to suddenly close on Cox, failing to warn Cox, failing to properly maintain the doors, and negligently having doors and sensors installed that were capable of automatically closing on people.

Cox alleges St. Jacob’s Glass designed, manufactured, sold, installed, and/or maintained the glass doors. The defendant is accused of negligence related to the doors and their malfunction. 

Cox seeks a judgment in excess of $50,000, plus costs.

She is represented by Matthew Young of Kuehn, Beasley & Young PC in Belleville. 

Before Cox filed the amended complaint, St. Jacob Glass Inc. answered the complaint on May 8 through attorney David Ahlheim of Childress Ahlheim Cary LLC in St. Louis, denying liability.

In its affirmative defenses, the defendant argues that Cox caused her own injuries by failing to keep a proper lookout, failing to walk or move about at a speed that was reasonable for the conditions existing at the time of the occurrence, and failing to take reasonable precautions for her own safety as the conditions complained of are open and obvious. 

The defendant also argues that it “did not maintain control nor the right to control the location of the incident.”

“Further, other parties exerted control over the subject doors following completion of the installation and the time of the incident,” the answer states. 

St. Clair County Circuit Court case number 20-L-240

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