Lowe's shopper claims foot injuries after falling at Alton store

Kelly Holleran Sep. 30, 2009, 6:48am

A woman and her husband claim the woman slipped on a wet, painted concrete floor while shopping at Lowe's in Alton two years ago, causing her to injure her right leg and foot.

Joan and Ted Gresham filed a lawsuit Sept. 25 in Madison County Circuit Court against Lowe's Home Centers and an unknown worker at the store identified only as John Doe.

The incident occurred Sept. 29, 2007, when Joan Gresham's foot slipped on the painted surface of a concrete floor where water had been sprayed from a nearby hose.

"That the aforementioned water had been allowed to accumulate when the floor was hosed down by Defendant John Doe while he acted within the course and scope of his employment and/or agency with Lowe's," the suit states.

In addition to her right leg and foot injury, Joan Gresham suffered pain of the body and mind, incurred medical costs and lost large sums of money she would otherwise have obtained, according to the complaint.

Ted Gresham has lost his wife's consortium and society, the complaint says.

The Greshams blame Lowe's and its employee for allowing an unnatural accumulation of water to collect on the floor, for painting portions of the floor that became slippery when wet, for failing to maintain the floor in a safe condition, for failing to warn them of the unsafe condition and for allowing the water to remain on the floor for an unreasonable length of time.

In addition, the suit claims the defendants failed to remove excess water from the painted portions of the floor, failed to barricade the floor that was wet, failed to apply a paint that would not become slippery when wet and failed to inspect the floor to ensure it was in a safe condition.

In the two-count suit, the Greshams are seeking a judgment of more than $100,000, plus costs.

J. Robert Edmonds of Mormino, Velloff, Edmonds and Snider in Alton will be representing them.

Madison County Circuit Court case number: 09-L-1023.

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