Dollar General settles slip and fall case

Steve Gonzalez Nov. 20, 2008, 5:28am

A mother who slipped and fell while holding her daughter at the Pontoon Beach Dollar General store has settled her personal injury suit that had sought damages in excess of $15,000, but less than $50,000.

Anita Aguayo claims she slipped on a puddle of blue soap that was on the floor of the store Aug. 6, 2006. At the time of the fall, Aguayo was holding her minor daughter, she claimed.

Terms of the settlement were not disclosed, but Madison County Associate Circuit Judge Ralph Mendelsohn signed off on the agreement last week. As part of the deal, Dollar General was not forced to admit any wrongdoing or fault.

Aguayo had claimed Dollar General was negligent by failing to warn her of the blue soapy substance and for failing to clean the puddle.

According to Aguayo, her minor daughter sustained injuries to her chest, ribs and legs that caused medical expenses and pain.

Aguayo had also claimed the fall caused injuries to her stomach, abdomen and knees which resulted in pain, suffering, medical expenses and lost wages.

She was represented by attorney Kristen Wadiak of Glen Carbon.

Represented by Jeffrey Kopis of Belleville, Dollar General contended the soap was an open and obvious condition.

The case was scheduled for mandatory arbitration prior to its disposition.

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