A couple suing Lowe’s in Alton is attempting to mediate a five-year-old personal injury case.

Joan and Ted Gresham sued Lowe’s Home Centers in Madison County in 2009 claiming that two years earlier Joan slipped on the painted surface of a concrete floor where water had been sprayed from a nearby hose. She injured her right leg and foot, the suit states.

Ted Gresham claims he lost his wife’s consortium and society.

According to a joint motion for a new case management order and for court ordered mediation, the parties have made prior attempts to mediate, though failed. During recent settlement discussions, the parties agreed not to move forward with further discovery in an effort to save time and expense, the motion states.

The motion also asked for mediation in Circuit Judge William Mudge’s court “in an effort to bring it to a conclusion.”

“In so agreeing, the undersigned counsel, with the consent of their respective clients, hereby agree to waive any conflicts of interest that may or could arise in connection with the Court’s role as the mediator, should the mediation prove unsuccessful and if the case has to proceed further,” the motion states.

The Greshams are represented by J. Robert Edmonds of Mormino, Velloff, Edmonds and Snider in Alton.

Lowe’s is represented by Gordon Broom and Benjamin Power of HeplerBroom in Edwardsville.

Trial had been set to start May 12. The docket indicates mediation took place April 23 and will be in court again June 11.

Madison County Circuit Court case number: 09-L-1023.

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