Wal-Mart asks Matoesian to grant motion to compel in discovery dispute
In defense of a Madison County slip and fall lawsuit, Wal-Mart filed a motion to compel Tuesday, claiming it had not received any of the plaintiff's discovery responses.
Joyce Hickman of St. Clair County filed a lawsuit Dec. 22 in Madison County Circuit Court against Wal-Mart Stores, claiming she was hurt from the wet floor while shopping.
According to the complaint, Hickman visited the Wal-Mart on Collinsville Crossing Boulevard in December 2009. As she tried to get a grocery cart, Hickman allegedly slipped on water on the floor and fell. Hickman claims she hurt her back, hand and ankle in the fall.
Hickman accuses Wal-Mart and its employees of negligence and seeks no more than $50,000 in damages for medical bills, loss of income and court costs.
Wal-Mart claims the plaintiff slipped in a natural accumulation of water, and the sole cause of any injuries sustained by the plaintiff was the plaintiff's own conduct in failing to keep a proper lookout and exercise due care for her own safety.
Wal-Mart also stated that the plaintiff should be barred from recovering damages, because the plaintiff's contributory fault is more than 50 percent of the proximate cause of the injury.
Daniel Bradley and Rebecca Van Court of DeFranco & Bradley represent the defense.
Attorney Celestine Dotson of St. Louis is representing Hickman.
Madison County Circuit Judge Andreas Matoesian is assigned to the case.
Madison County Circuit Court Case No. 11-L-1428.