EAST ST. LOUIS – Bob Evans Restaurants claims a customer who slipped and injured herself at the Fairview Heights location caused her own injuries by tracking in water from the rainy weather and then failing to keep a proper lookout.
The lawsuit was originally filed by plaintiff Evelyn E. Carnahan and her spouse Stanley Carnahan, III on Jan 25 in the St. Clair County Circuit Court. Bob Evans Restaurants filed a notice of removal to the U.S. District Court for the Southern District of Illinois through attorneys Thomas R. Peters and Emily C O'Connor of Reifers, Holmes, & Peters in Belleville.
Bob Evans alleges removal to federal court is proper based on diversity of citizenship and the amount in controversy. Specifically, Bob Evans claims that the plaintiff disclosed during discovery that she suffered injuries to her left knee, neck, middle and lower back, spine, and left pelvis area. The plaintiffs are seeking damages in excess of $50,000.
"It can reasonably be ascertained that Plaintiff Evelyn E. Carnahan will seek damages in excess of $75,000. Additionally it is not anticipated that Plaintiffs will contest that damages in excess are being sought in the case," according to the defendant's notice of removal.
According to the complaint, Evelyn Carnahan alleges the store's employees failed to take proper precautions to protect the safety of its customers.
According to the lawsuit, on Feb. 28, 2021, the Carnahans were patrons at a Bob Evans Restaurant located at 10 Ludwig Drive in Fairview Heights. It was wet and rainy throughout the day, and the floor was wet because of the weather. Evelyn Carnahan claims there were no warning signs or barricades to inform her that the floor was wet. The plaintiff claims she slipped, which caused her to strike her knee onto the hard tile flooring.
Evelyn Carnahan allegedly suffered "severe and/or permanent" injuries to her left knee, neck, middle and lower back, spine, and left pelvis area. The lawsuit states that she will continue to endure "physical pain and suffering, mental anguish, loss of life enjoyment, stress, inconvenience, sleep deprivation, and emotional distress" due to her injury.
Stanley Carnahan alleges that as a result of the incident, he has been deprived of his wife's "consortium, society, services, companionship, comfort, care, intimacy, love, affection, and support."
In the defendant's answer to the complaint, Bob Evans Restaurants denies liability and claims Evelyn Carnahan failed to exercise and use ordinary care for her own safety. Specifically, the defendants claim she failed to keep a proper lookout, failed to observe or detect "what was readily observable and obvious," tracked in water due to rain conditions and was otherwise careless.
The plaintiffs are seeking damages in an amount exceeding $50,000, plus interest and any other relief the court deems proper. They are represented in this case by attorney Daniel V. Zrodowski of Shenandoah Law Firm, LLC in Clayton, Mo.
U.S. District Court for the Southern District of Illinois case number 3:22-CV-525