New Lawsuit Brought In Asher Mendonsa Case

  • Thursday, May 25, 2006

A new lawsuit has been brought in connection with the fall at Parkway Towers that left a St. Elmo youth a paraplegic.

The initial $12 million suit was filed against Gary Fillers, owner of the long-abandoned building next to Finley Stadium.

The new Circuit Court complaint is filed against Chris Fillers.

Attorneys said they learned during depositions that he was one of those in charge of the building on Carter Street.

Both suits are filed by Asher Mendonsa and his parents, Andy and Gloria Mendonsa in connection with the incident on May 23, 2005.

The suit says Asher Mendonsa and his friends were at the nearby Skate Park that day and decided to enter the vacant building "as they and many others had done previously."

It says they entered through an open and unlocked gate and went in through an open and unlocked door, then went up stairs to the third floor.

The suit says Asher Mendonsa was taking a photograph when he stepped onto a flimsy plastic cover hiding a hole in the floor. He went through the cover and fell two stories.

The complaint says the owners and those in charge of the building should have known that many people were entering it, including one couple who had a Valentine's Day dinner there.

It says a band used Parkway Towers to make a music video and that people often entered it if restrooms were crowded at Finley Stadium.

Attorney David Kesler represents the Mendonsas.

Defendants have said those going in the building were trespassing.

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