Parties in slip and fall case against Wal-Mart expected to mediate

Christina Stueve May 1, 2012, 12:26am


Both parties in a woman's personal injury case against Wal-Mart agreed April 27 to go to mediation.

If the case is not resolved at mediation, Madison County Circuit Judge William Mudge ordered the plaintiffs to present their motion for a hearing.

The case involves a Madison County woman who named three individuals as defendants in a suit she filed after falling in a hole at a Wal-Mart parking lot in Glen Carbon.

Judy and Thomas J. Davis filed a lawsuit Dec. 8, 2010 against Vicki Rehlen, Janelle McCoy and Arno Sponeman.

The Davises claim Judy Davis visited the Wal-Mart July 15 when she stepped into a hole while attempting to load bags into her car.

Because of the incident, Judy Davis experienced permanent injuries to her lower extremities and suffered pain, according to the complaint.

She also suffered disability, impaired earning capacity and incurred medical costs, the suit states.

Her husband lost his wife's support and services, the complaint says.

The defendants named in the suit bore the responsibility of inspecting, maintaining and reporting or repairing dangerous conditions at Walmart's parking lot, according to the complaint.

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

The Davises seek a judgment of more than $50,000.

Brian M. Wendler of Wendler Law in Edwardsville represents him.
James Borland of Quinn, Johnston, Henderson, Pretorius & Cerulo represent the defense.

Madison County case number 10-L-1251.

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