According to the Madison Record, defendants George Paynic and Paynic Home for Funerals has moved to dismiss a lawsuit alleging personal injury on the property. According to the complaint, Pansy Rodgers claims she was visiting the funeral home in 2008 when she fell and was injured.
The trial is set for Monday. The defendants are moving to dismiss the suit over the fall claiming that Rodgers did not comply with court-ordered discovery in the case.
The defendants cite Rodgers’ failure to answer interrogatories and produce documents for dates between May 2010 through October 29, 2010, which the court compelled her to produce within 21 days.
The case was previously assigned to Madison County Circuit Judge William Mudge, but judge Hylla is set to hear the motion on Friday.
Rodgers claims the funeral home and its owner failed to provide her with a safe entrance route from the funeral home’s carport and driveway into the building. She fell and was injured in the funeral home’s driveway. Rodgers seeks damages in excess of $50,000 including court costs.
It is unclear if driveway had any damage or ice on it that may have contributed to Rodgers’ injury. Sooner or later most driveways and sidewalks require repairs. It is the responsibility of every business owner to make sure their property is safe for visitors, as weather can damage walkways and driveways, and ice can form in expansion joints causing the concrete to pull apart.