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45D05-2406-CT-000768 Filed: 6/18/2024 9:25 AM
Clerk
Lake Superior Court, Civil Division 5 Lake County, Indiana
STATE OF INDIANA ) IN THE LAKE CIRCUIT/SUPERIOR COURT
) SS:
COUNTY OF LAKE ) SITTING AT , INDIANA
PATRICIA KRYSA, )
Plaintiff, )
)
v. ) CAUSE No.
)
STRACK & VAN TIL, )
Defendant. )
)
COMPLAINT
Comes now the Plaintiff, Patricia Krysa ("Patricia"), by counsel, Matthew J. Warner
and David W. Westland of the law firm Westland & Bennett P.C. and for her Complaint
against the Defendant, Strack & Van Til ("Strack's"), alleges and states as follows:
GENERAL ALLEGATIONS
1. Plaintiff, Patricia Krysa, at all times relevant herein, was and is a citizen of
Lake County, State of Indiana.
2. Defendant, Strack's is a corporation organized under the laws of the State of
Indiana and doing business at 1515 U.S. 41, Schererville, IN 46375 (the "Premises").
COUNT I: STRACK & VAN TIL
3. Plaintiff re-alleges and incorporates herein by reference paragraphs 1 through
2 above as if fully restated verbatim.
4. On and priorto September 10, 2023, Strack's owned, operated, controlled and
maintained a business popularly known as Strack & Van Til, located at the Premises.
5. On and prior to September 10, 2023, Strack's invited the general public onto
the Premises.
6. Strack's owed a duty to warn business invitees of potentially dangerous
conditions at the Premises.
7. On or prior to September 10, 2023, Patricia was a business invitee at the
Premises when Strack's failed to properly advise and warn her of a hazardous condition,
causing her to fall.
8. Strack's owed a duty to its business invitees, including Patricia, to use ordinary
care in the operation, management and maintenance of its premises so that the premises,
including all portions of the premises upon which its invitees would traverse, would not be
dangerous to life or limb to those persons on the Premises.
9. On September 10, 2023, the Premises contained a dangerous condition.
10. Prior to the time of Patricia's fall, Strack's failed to remedy the dangerous
condition and to keep water out of the walking path, among other things.
11. Strack's also breached its duty to advise and warn business invitees, like
Patricia.
12. As a direct and proximate result of Stracks's negligence, Patricia fell and
sustained various injuries and damages.
WHEREFORE, the Plaintiff, Patricia Krysa, prays forjudgment against the Defendant,
Strack's, in an amount reasonable to compensate her for her harms and losses, including
but not limited to temporary and permanent past, present, and future injuries and damages,
the costs expended herein, and for such further relief in the premises as this Court may
2
deem just and proper.
Respectfully submitted,
Matthew'J. Warnér/#35627—45
David W. Westla o #18943-64
Westland & Bennett P.C.
2929 Carlson Drive, Suite 300
Hammond, IN 46323
Phone: 219.440-7550
Fax: 219-440.7551
E-mail: mwarner@westlandbennett.com
E-mail: dwestland@westlandbennett.com
Attorneys for the Plaintiff
CERTIFICATE 0F SERVICE
|
certify that on the [Z day of June 2024, l, mailed via United States Postal
Service the foregoing document(s) to the following parties or attorneys who are
n_ot registered for electronic filing and service in this case:
Strack & Van Til
c/o CT Corporation System
334 N. Senate Ave.
Indianapolis, IN 46204
By MW
Westland &Bénnett P.C' L
3
Preview
45D05-2406-CT-000768 Filed: 6/18/2024 9:25 AM Clerk Lake Superior Court, Civil Division 5 Lake County, Indiana STATE OF INDIANA ) IN THE LAKE CIRCUIT/SUPERIOR COURT ) SS: COUNTY OF LAKE ) SITTING AT , INDIANA PATRICIA KRYSA, ) Plaintiff, ) ) v. ) CAUSE No. ) STRACK & VAN TIL, ) Defendant. ) ) COMPLAINT Comes now the Plaintiff, Patricia Krysa ("Patricia"), by counsel, Matthew J. Warner and David W. Westland of the law firm Westland & Bennett P.C. and for her Complaint against the Defendant, Strack & Van Til ("Strack's"), alleges and states as follows: GENERAL ALLEGATIONS 1. Plaintiff, Patricia Krysa, at all times relevant herein, was and is a citizen of Lake County, State of Indiana. 2. Defendant, Strack's is a corporation organized under the laws of the State of Indiana and doing business at 1515 U.S. 41, Schererville, IN 46375 (the "Premises"). COUNT I: STRACK & VAN TIL 3. Plaintiff re-alleges and incorporates herein by reference paragraphs 1 through 2 above as if fully restated verbatim. 4. On and priorto September 10, 2023, Strack's owned, operated, controlled and maintained a business popularly known as Strack & Van Til, located at the Premises. 5. On and prior to September 10, 2023, Strack's invited the general public onto the Premises. 6. Strack's owed a duty to warn business invitees of potentially dangerous conditions at the Premises. 7. On or prior to September 10, 2023, Patricia was a business invitee at the Premises when Strack's failed to properly advise and warn her of a hazardous condition, causing her to fall. 8. Strack's owed a duty to its business invitees, including Patricia, to use ordinary care in the operation, management and maintenance of its premises so that the premises, including all portions of the premises upon which its invitees would traverse, would not be dangerous to life or limb to those persons on the Premises. 9. On September 10, 2023, the Premises contained a dangerous condition. 10. Prior to the time of Patricia's fall, Strack's failed to remedy the dangerous condition and to keep water out of the walking path, among other things. 11. Strack's also breached its duty to advise and warn business invitees, like Patricia. 12. As a direct and proximate result of Stracks's negligence, Patricia fell and sustained various injuries and damages. WHEREFORE, the Plaintiff, Patricia Krysa, prays forjudgment against the Defendant, Strack's, in an amount reasonable to compensate her for her harms and losses, including but not limited to temporary and permanent past, present, and future injuries and damages, the costs expended herein, and for such further relief in the premises as this Court may 2 deem just and proper. Respectfully submitted, Matthew'J. Warnér/#35627—45 David W. Westla o #18943-64 Westland & Bennett P.C. 2929 Carlson Drive, Suite 300 Hammond, IN 46323 Phone: 219.440-7550 Fax: 219-440.7551 E-mail: mwarner@westlandbennett.com E-mail: dwestland@westlandbennett.com Attorneys for the Plaintiff CERTIFICATE 0F SERVICE | certify that on the [Z day of June 2024, l, mailed via United States Postal Service the foregoing document(s) to the following parties or attorneys who are n_ot registered for electronic filing and service in this case: Strack & Van Til c/o CT Corporation System 334 N. Senate Ave. Indianapolis, IN 46204 By MW Westland &Bénnett P.C' L 3