EDWARDSVILLE -- A woman is suing an excavating company for allegedly digging up a road in Pontoon Beach and failing to properly fill the holes, causing her to fall and suffer injuries.
Elaine White filed a lawsuit on Nov. 23 in the Madison Country Circuit Court against Stutz Excavating, Inc., alleging negligence.
According to the complaint, Stutz Excavating was hired to perform excavating work along Park Lane in Pontoon Beach. The defendant allegedly dug up the ditch, shoulder of the road and parts of the front yards along Park Lane. Specifically, the defendant allegedly dug up to the driveway of 4084 Park Lane. White claims Stutz Excavating then failed to cover the holes and ditches and failed to warn of any potential dangers caused by their excavating.
White claims she was an invitee at 4084 Park Lane on the evening of June 10, 2020. She allegedly parked in the driveway and attempted to exit her vehicle when she fell in a hole created by the defendant.
As a result of her fall, White claims she suffered a torn Achilles tendon and injuries to her foot and leg. She also claims she incurred medical expenses and lost wages.
White claims Stutz Excavating breached its duty to use ordinary care and negligently failed to provide warnings.
White seeks an award of damages in excess of $50,000 and court cost. White is represented by Andrew G. Toennies of Kirkendall Dwyer LLP in St. Louis.
Madison Country Circuit Court case number 21-L-001415