Invisible water named at fault in slip and fall suit

Steve Gonzalez Nov. 20, 2006, 7:19am

A woman who was injured at the JC Penny store at the Alton Square Mall on Jan. 13, filed a two-count personal injury suit in Madison County Circuit Court Nov. 17, seeking damages in excess of $50,000.

Norma Dale claims JC Penny failed in its duty of due care to maintain its premises in a safe manner.

According to the complaint, water had accumulated in front of a rug by an exterior doorway.

"Said water was not readily visible to the eye and was a slipping hazard for persons who entered the premises through the exterior doorway," the complaint states.

Represented by Jane Unsell of East Alton, Dale claims JC Penny failed to mop up the water that accumulated, failed to warn by erecting signs warning of the water and failed to place barricades to prevent customers from walking through the water.

Dale claims the store manager and co-defendant, Michael Merchant, failed in his responsibilities to take steps to assure that JC Penny was safe for customers.

Dale claims the alleged negligence caused her to slip and fall in the water causing her to incur medical bills and pain and suffering.

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