Wal-Mart files motion to continue as a defendant in personal injury suit

Christina Stueve Mar. 9, 2012, 8:59am


Defendants Wal-Mart Stores, Vicki Rehlen, Janelle McCoy and Arno Sponeman filed a motion to continue Thursday in their defense to a lawsuit filed against them by a Madison County woman after she fell into a parking lot hole.

Judy and Thomas J. Davis filed a lawsuit in December 2010 in Madison County Circuit Court against Vicki Rehlen, Janelle McCoy and Arno Sponeman.

The Davises claim Judy Davis visited the Glen Carbon Wal-Mart on July 15, 2010, when she stepped into a hole as she attempted to load bags into her automobile.

The motion to continue shows the plaintiff filed a motion for sanctions, and the court had set a hearing for Friday, but Wal-Mart, Rehlen, McCoy and Sponeman were unable to attend the hearing in light of a previously scheduled matter.

Judge William Mudge on Tuesday signed an order approving Wal-Mart's motion to continue from Friday to March 23.

Because of the incident, Judy Davis claims she experienced injuries to her lower extremities and suffered pain. Her husband lost his wife's support and services, the complaint says.

The defendants bore the responsibility of inspecting, maintaining and reporting dangerous conditions at Walmart's parking lot, the complaint says.

Also, the defendants failed in their duties by allowing a hole to develop, by failing to inspect the parking lot, train employees, barricade the hole in the parking lot's surface, the plaintiffs claim.

In addition, the defendants failed to warn of the hole, allowed the foundation for the hole to grow and failed to report unsafe conditions to others, according to the complaint.

In their two-count complaint, the Davises seek a judgment of more than $100,000, plus costs.

Brian M. Wendler of Wendler Law in Edwardsville will be representing the plaintiffs.
James A. Borland of Quinn, Johnston, Henderson, Pretorius & Cerulo represents Wal-Mart, Vicki Rehlen, Janelle McCoy and Arno Sponeman.

Madison County Circuit Court case number: 10-L-1251.

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