Madison County Circuit Judge Sarah Smith denied American Water Works’ motion to dismiss a man’s lawsuit alleging he fell into a hole when he tripped on an unsecured water meter lid while walking his dog in Alton.
Defendant American Water Works Co. Inc. filed its motion to dismiss plaintiff Ayron Womack’s complaint on April 9 through attorney Jennifer Pitzer of Clayborne & Wagner LLP in Belleville. Smith denied the motion on Oct. 21.
American Water Works argued that none of the counts in the complaint were labeled with the theory of law they were brought under.
“The Illinois Supreme Court has previously stated that different legal theories will be duplicative of each other and subject to dismissal where they are based on the same operative facts and result in the same injury to the plaintiff,” the motion stated.
“Here, all four counts directed at Illinois American Water plead the legal theory of negligence,” it continued. “Count 2 is the broadest count; counts 1, 4 and 5 all substantively repeat elements found in count 2. The operative facts are the same across all four counts and the damages alleged are the same.”
Smith also granted Womack’s motion to dismiss the defendant’s affirmative defenses and gave American Water Works time to amend.
The defendant filed its affirmative defenses on April 12, arguing that Womack failed to state a claim upon which relief can be granted and failed to mitigate alleged damages.
The defendant also argued that Womack’s injuries were caused by his own negligence and the result of “independent, intervening causes over which defendant had no control and which were not known or reasonably foreseeable by defendant.”
Womack filed a motion to dismiss the affirmative defenses on April 15 through attorney Michael Glisson and Timothy Chartrand of Williamson Webster Falb & Glisson in Alton.
He argued that the affirmative defenses are not supported by any facts or specificity and requested the defendants be ordered to file a more definite statement.
Womack argued that many of the affirmative defenses are “completely devoid of any facts whatsoever.”
“It appears that defendant simply alleged boilerplate affirmative defenses likely copied and pasted from other cases in hopes that the facts gleaned through discovery will fit within these affirmative defenses. However, such is an improper pleading practice,” the motion stated.
“As this court is aware, a party must allege facts, not mere conclusions, to establish his or her claim as a viable cause of action,” it continued.
For example, Womack argued that the affirmative defenses accuse him of contributory negligence but failed to provide any details.
Womack filed the complaint on Feb. 19 against American Water Works, the City of Alton and John Doe.
According to the complaint, the defendants owned, controlled and maintained a water meter near 1721 Muny Vista Drive in Alton. Womack claims he was walking his dog on the sidewalk near that location on April 12, 2020, when he allegedly tripped and fell on the water meter’s unsecure lid. Womack alleges the lid presented an unreasonable risk of harm to people lawfully on the sidewalk.
Womack claims the defendants failed to inspect the water meter and its lid, failed to remedy the dangerous condition, failed to warn of the condition, failed to train employees to properly inspect the water meters and lids, failed to tighten the lid to the water meter and distracted the plaintiff.
As a result, Womack claims he sustained injuries to his ankle and foot.
Madison County Circuit Court case number 21-L-222