Heather Isringhausen Gvillo Jan. 27, 2015, 7:06am

Wal-Mart says a shopper’s alleged injuries are the result of actions by a customer who dropped and spilled a bottle of wine on the floor.

According to the Oct. 30 complaint, plaintiff Gilbert Summers alleges he was shopping at the Wal-Mart in Godfrey on June 6 when he slipped and fell on spilled wine. As a result of his fall, Summers claims he sustained neck and back injuries, suffered great pain and anguish and incurred medical costs, the suit states. He also claims to have lost wages and endured disability.

Summers blames the store for causing his injuries, saying it improperly maintained the aisle, failed to provide slip guards, failed to warn of the dangerous condition, failed to reasonably inspect the premises, allowed the premises to remain in a slippery condition and caused a slippery condition, among other negligent acts.

Wal-Mart answered the complaint on Dec. 15, denying the allegations against it.

In its affirmative defenses, the defendant argues that the sole cause of the plaintiff’s alleged injuries “was the conduct of the customer who dropped a bottle of liquid on the floor shortly before plaintiff’s incident, the conduct of plaintiff walking though the spill when he knew or should have known of its existence, or a combination thereof.”

Summers responded to the affirmative defenses on Dec. 29, denying each every allegation.

He seeks a judgment of between $50,000 and $75,000.

Circuit Judge William Mudge filed a case management conference for Wednesday at 9 a.m.

Michael P. Glisson of Williamson, Webster, Falb & Glisson in Alton represents Summers.

Wal-Mart is represented by James DeFranco and Ginny L. Huot of DeFranco & Bradley in Fairview Heights. It requests a jury trial.

Madison County Circuit Court case number 14-L-1472

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