ST. LOUIS (Legal Newsline) – An injury lawsuit against Bi-State Development brought by a woman claiming her foot was cut by a shard of glass from a whiskey bottle while at the Civic Center Transit site has been dismissed.
U.S. District Judge Jean Hamilton ruled on Sept. 24 that plaintiff Maryann Nawrocki failed to adequately allege subject matter jurisdiction for the case filed in the U.S. District Court for the Eastern District of Missouri.
Hamilton also held that an appeal from the dismissal "would not be taken in good faith."
According to background information in the ruling, Nawrocki claims her injury took place on Oct. 9, 2017.
"As plaintiff headed toward that bus stop, she states that she encountered a man she describes as 'homeless' sitting at the site," the order states. "Plaintiff states that the man was acting 'strange' and drinking from a green whiskey bottle concealed in a paper bag. Because the man was drinking from the bottle while it was still in the bag, plaintiff states that the bag had become wet, weakening the paper. This caused the bottle to fall from the paper bag and break against the 'rock-hard concrete floor.'"
A shard of broken glass hit the top of her right foot, causing severe pain, as well as profuse bleeding, the order states.
Nawrocki claims a security guard recommended an ambulance "because he was culpable in failing to 'remove the danger from the Civic Center Transit Site.’” She was treated at a hospital with two stitches and an antibiotic. Her lawsuit sought $78,000 for alleged permanent damage to her right foot.
In response to a court order to show cause, Nawrocki argued that federal jurisdiction was appropriate due to "federal stalking laws."
"Plaintiff alleges that her life, along with the lives of her children and grandchildren, has been threatened," Hamilton wrote. "She states that the incident at the Civic Center Transit Site was not an accident, but was an intentional and malicious attempt by the state of Wisconsin to force her to stop pursuing her claims.
"Much of plaintiff’s response runs far afield from her initial complaint," the order states.
Hamilton wrote that the substance of the response was that Nawrocki was the victim of an orchestrated effort by the state of Wisconsin to stop her from pursuing a case, Nawrocki v. Target, in federal court in Wisconsin.
On Sept. 7, Nawrocki filed an affidavit with her case against Bi-State that included a picture of "what appears to be plaintiff's feet," Hamilton wrote. Also included was a letter to the court in which Nawrocki "forcefully states that she does not have 'hammer toes' or 'severe pronation," as indicated by a podiatrist, and that to the contrary, she has "very attractive feet."
“Plaintiff’s complaint and response to the court’s order to show both fail to establish jurisdiction, based on either a federal question or diversity of citizenship,” Hamilton wrote. “As such, the court must dismiss plaintiff’s case for lack of subject matter jurisdiction.”