A woman alleging she was knocked over on a slippery dance floor at the Alton VFW filed a motion for a new trial after jurors reached a defense verdict.
Following a three-day trial in Madison County Circuit Judge Dennis Ruth’s courtroom, jurors reached a verdict in favor of defendant Alton VFW Post 1308 on Nov. 17.
The defendant had been represented at trial by Courtney Stirrat and Sarah Washburn of Franke, Schultz & Mullen, PC in St. Louis.
Plaintiff Mary Svoboda was represented at trial by attorneys Benjamin Tobin of Pratt & Tobin PC in East Alton.
Svoboda filed a motion for a new trial on Nov. 22, arguing that the verdict was “against the manifest weight of the evidence.”
Tobin wrote that the defendant’s only employee, bartender Rhandi Minton, testified that she saw the incident and that patrons spreading wax on the dance floor caused the collision between Svoboda and Michael Bays.
“With no other evidence to consider with regard to the condition of the floor, the jury should have found that defendant was negligent and then moved onto causation and damages,” the motion states.
Tobin added that Minton testified that the patrons got the floor wax from behind the bar. VFW employees Sue Parrish and Rebecca Willmore testified that it would violate the defendant’s policies and procedures if a patron went behind the bar.
Ruth scheduled a hearing on the motion for Jan. 7 at 9 a.m. The hearing will be held via Zoom.
The complaint was originally filed on May 26, 2015. Svoboda filed a second amended complaint on Nov. 15.
Svoboda alleges that on Aug. 1, 2014, she was at the Alton VFW Post 1308 on Alby Street. She claims another customer came into contact with her on the dance floor, causing her to fall and suffer injuries.
She alleges the defendant improperly maintained the premises, failed to provide adequate security, failed to supervise the dance floor, permitted its customers to “wildly and erratically dance on the dance floor,” failed to maintain its facilities, allowed its customers to apply wax to the dance floor “making it slick and dangerous,” failed to remove excess wax from the floor, failed to adequately staff the premises, and failed to adequately train and supervise its employees.
As a result, Svoboda claims she suffered injuries to her neck, back, spine, hips, shoulders and body. Specifically, she alleges she suffered a fractured hip.
Before the trial began, Tobin filed a motion for sanctions on behalf of the plaintiff on Nov. 5. Svoboda argues that the defendant claimed attorney client privilege in its answers to interrogatories, saying Minton did not witness the fall as there was a wall between the bar and the dance floor. However, Minton testified that she did see the fall and wrote an accident report.
“Bartender also advised a third party gentleman who collided with plaintiff on the dance floor did nothing wrong or anything to cause the collision,” the motion stated.
Tobin asked the court to grant summary judgment with regard to negligence, bar Minton from testifying on behalf of the defendant, and award Svoboda costs, expenses and all other relief deemed appropriate.
In response, Stirrat wrote that when she took over representing the defendant, she updated disclosures and confirmed that all documents had been received from the VFW’s leadership. She wrote that no report existed and that Minton had instead called bar manager Willmore.
“From May 2019 until October 2021, undersigned’s counsel’s firm made numerous attempts to locate Rhandi Minton, including background searches, private investigators, and requests for communications from Alton VFW,” the response states. “At no point did plaintiff’s counsel request a discovery deposition or assistance with scheduling a discovery deposition.”
Stirrat wrote that when Svoboda’s counsel made contact with Minton in October, she failed to appear for a scheduled Zoom call. She then declined to provide a time to meet and did not respond to calls. Stirrat argues that while Minton’s testimony contradicts previous statements, she was “unaware that she intended to change her story.”
“Whether she did so because she remembered the case differently or wanted to help Mr. Bays is unknown,” Stirrat wrote. “But the inconsistency between the disclosure and her testimony is simply that, an inconsistency.”
She added that an accident report was not withheld, as they were told it did not exist.
Ruth did not grant the request for sanctions and did not bar Minton’s testimony.
Madison County Circuit Court case number 15-L-671