Where a defendant has filed a motion to dismiss, that motion should be allowed as to a fraud count and G.L.c. 93A claim, as those counts are barred by claim preclusion in light of a judgment confirming an arbitration award. “Plaintiff Safeguard Properties Management, LLC (‘Safeguard’) has filed this lawsuit against Defendants William Zoll (‘Zoll’),
Toennies
An inspection company and property management company claim a building inspector assumed risk of harm and contributed to his own injuries when the stairs at a foreclosed Glen Carbon property collapsed, causing him to fall into the basement.
Plaintiff Thomas Harpstrite filed his original complaint on April 1 in Madison County Circuit Court. He then filed an amended complaint on April 30 in order to correctly name the defendants. Truist Bank was incorrectly named as BB&T Bank, and Safeguard Properties Management LLC was incorrectly named as Safeguard Properties LLC. The suit also names GMH Inspections Inc. as a defendant.
Safeguard Properties Management answered the complaint on April 27 through attorney Richard Korn of Fox Smith LLC in St. Louis, denying liability. Korn filed a similar answer on behalf of GMH Inspections on May 3.