Gary W. Deiters filed the suit April 12 in St. Clair County Circuit Court against Matt Domescik and Carol Domescik.
On June 5, 2006, the plaintiff alleges he was visiting the defendants' property in Shelby County. Later that night, the suit states the plaintiff was standing on the balcony attached to the building when he leaned against the railing, which gave way, causing him to fall 8 feet.
Even though the balcony appeared to be
safe, the suit states it actually was in disrepair or rotted or
improperly affixed to the building. It was the defendants' negligence that caused unsafe balcony, which led to the plaintiff's fall, the suit claims.
He allegedly sustained permanent injuries, has endured pain and anguish, has paid for emergency medical services and hospital expenses, and has suffered loss of wages.
Furthermore, according to the complaint, after the plaintiff fell, the defendants intentionally destroyed evidence of the defective railing before a suit was filed and before the statute of limitations had expired but following discussions with the defendants' insurance carrier.
The cause of action was originally filed within the statute of limitations and, by agreement of the parties, was voluntarily dismissed. This current complaint is filed within one year of the date of dismissal and thus is not barred by the statute of limitations, according to the complaint.
Therefore, the plaintiff seeks judgment of more than $50,000 plus court costs. He is represented by Joel E. Brown in Peoria.
St. Clair County Circuit Court case number 16-L-206