The company responsible for maintaining an O’Fallon Walmart parking lot argues that a customer caused her own injuries when she slipped and fell on the open and obvious condition of ice and snow.
Kiara Gomiller filed the complaint in the St. Clair County Circuit Court against Washington Prime Group Inc. and KLM Commercial Sweeping Inc. The suit was filed through attorneys John Hipskind and Brady McAninch of Hipskind & McAninch in Belleville.
The suit states that Washington Prime Group owned and operated a parking lot that provided parking for Crown Vision Center and Walmart in O’Fallon. KLM Commercial Sweeping was responsible for maintaining the parking lot, including snow and ice removal.
Hipskind
According to the complaint, Gomiller was walking in the O’Fallon parking lot on Dec. 17, 2019, when she allegedly slipped and fell on an “unnatural accumulation” of ice. She claims she suffered serious, painful and permanent injuries, including an ankle fracture.
Gomiller alleges the defendants knew the ice remained on the parking lot, failed to remove the ice where vehicles were parking or failed to barricade the parking lot until they properly removed the snow and ice. She claims that if the defendants had used ordinary care, then they would have known of the hazard.
She seeks a judgment in her favor in excess of $50,000, plus court costs and all other relief deemed proper.
KLM Commercial Sweeping answered the complaint through attorney Michael Hobin of Rynearson Suess Schnurbusch & Champion LLC in Edwardsville.
The defendant denies liability. In its affirmative defenses, KLM Commercial Sweeping argues that Gomiller fails to state a claim upon which relief can be granted and that her claims may be barred by the statute of limitations.
The defendant argues that Gomiller failed to exercise due care and caution for her own safety. It also claims the plaintiff was negligent for failing to keep a proper lookout for where she was walking and failing to observe and avoid an open and obvious condition.
“The state of the area upon which plaintiff alleges she suffered injury was a condition, open and obvious to plaintiff, and defendant pleads and relies upon same as a complete bar to plaintiff’s claims,” the answer states.
In her response to the affirmative defenses, Gomiller denies the allegations.
Hobin also filed a notice of suggestion of bankruptcy and notice of automatic stay of proceedings on behalf of Washington Prime Group. The notice states that Washington Prime Group and its affiliates filed voluntary petitions for Chapter 11 bankruptcy relief on June 13. THe cases are currently pending before bankruptcy judge Marvin Isgur.
Gomiller moved for voluntary dismissal without prejudice in regards to Washington Prime Group.
St. Clair County Circuit Judge Heinz Rudolf dismissed the defendant and set a status conference for Feb. 16 at 9 a.m.
St. Clair County Circuit Court case number 21-L-841