An attorney representing the late asbestos attorney Randy Gori’s estate argues that a woman suing over a fall at his Edwardsville home was trespassing and entered an area without permission when she allegedly slipped and fell into a Koi pond.
On Sept. 2, attorney Chris Dallavo of Schueler Dallavo & Casieri in Chicago filed an answer to the complaint on behalf of widow Beth Gori, who is administrator of Randy Gori’s estate.
Dallavo wrote that plaintiff Sara Staack trespassed by entering an area of the premises without permission. She allegedly “walked around a stone pillar and upon an area covered by flowing water.”
He also wrote that she breached a duty to use ordinary care for her own safety by failing to look where she was walking, resulting in her injuries.
Staack filed a response to the affirmative defenses on Sept. 4 through attorney Keith Short of Keith Short and Associates PC in Alton.
She denies each and every allegation and requests the affirmative defenses be stricken or denied.
Staack filed her complaint against Gori on July 10.
She claims she was an invitee at Gori’s residence located at 4586 Mooney Creek Road in Edwardsville on July 19, 2019. She was allegedly walking around an infinity pool on a concrete walkway when she claims she fell from the edge. Staack claims she fell approximately six feet and landed in a Koi pond, injuring her head, chin, arm, and legs.
She alleges Gori negligently failed to install a guard or protective measures to ensure guests would not fall, allowed the condition to exist without proper markings to indicate a change in height, and allowed a dangerous condition to exist.
Staack also alleges the condition was not open and obvious to invitees and first-time visitors, was not properly lighted and did not give notice of a hazard when natural light was insufficient.
Staack seeks compensation in excess of $50,000 plus court costs.
Staack’s counsel served the defendant with her Interrogatories and Rule 214 Notice to Produce on Oct. 14.
Madison County Circuit Court case number 20-L-960