Wal-Mart asks for substitution of judge, Cueto gets slip-and-fall suit

Amelia Flood Dec. 29, 2010, 12:00pm


A woman's slip-and-fall personal injury case against Wal-Mart and another defendant has a new judge.

St. Clair County Circuit Judge Lloyd Cueto was assigned to the suit brought by plaintiff Belinda Fitz on Dec. 22 after Wal-Mart moved to substitute the case's judge Dec. 9.

The case had been assigned to St. Clair County Circuit Judge Robert LeChien. He took over the case when former St. Clair County Circuit Judge Michael O'Malley retired earlier this year.

Fitz is suing Wal-Mart and Larry Eitzenhefer for damages in excess of $50,000 and costs for injuries she claims to have suffered when she fell at a Wal-Mart in O'Fallon.

Fitz claims that the defendants negligently allowed ice and snow to create the conditions for the fall.

Wal-Mart and Eitzenhefer deny the claims.

Discovery has been proceeding in the 2009 case with parties answering interrogatories and taking depositions.

Brian McChesney represents Fitz.

John Rahoy and Karlla Philpot represent Wal-Mart.

Eugene Menges represents Eitzenhefer.

The case is St. Clair case number 09-L-213

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