A Cahokia woman is suing Kmart claiming the company is to blame for her fall out of a wheelchair while shopping a sidewalk sale.
Virginia Will filed a lawsuit against Kmart on July 1 in St. Clair County Circuit Court.
Will says she was at the Kmart on Lemay Ferry Road in St. Louis in September 2012 shopping sale items on the sidewalk in front of the store. The wheelchair Will was operating "ran off the edge of the concrete viewing area causing her to fall out of the wheelchair and onto the ground," according to the complaint.
Will accuses Kmart of negligence for allegedly failing to maintain a safe ingress and egress to the sale area and failing to provide a safe way to view the sidewalk sale items. She says the store should have warned customers of the dangerous conditions by placing cones or signs along the edge of the sidewalk.
As a result of the fall from the wheelchair, Will says she received extensive injuries to her neck, shoulders and lower back. She asks to be awarded more than $75,000 in damages for medical expenses, lost wages, disability, pain and suffering.
Attorney Thomas C. Rich of Fairview Heights represents Will.
St. Clair County Circuit Court Case No. 13-L-336