Wal-Mart denies liability in slip and fall suit

By Ann Maher | Sep 2, 2014

Wal-Mart is denying liability involving a customer's injuries as alleged in a Madison County lawsuit.

David Grah sued in April saying he slipped and fell on a wet foreign substance, which resulted in an injury requiring back surgery.

Grah, represented by Michael P. Glisson of Williamson, Webster, Falb and Glisson in Alton, claims he sustained back, neck, lower back, hip and right elbow injuries and suffered great physical pain and mental anguish, according to his complaint. He also claims to have incurred medical costs, lost wages, endured disability, lost his normal life and suffered disfigurement. He is seeking a judgment of less than $300,000.

According to Wal-Mart attorney James DeFranco of Fairview Heights, Grah had improperly named Sam's Club as defendant.

And in its defense, Wal-Mart states that the sole proximate cause of any injuries sustained by Grah was his own conduct in failing to keep a proper lookout and care for his own safety.

On July 24, DeFranco also filed a motion to compel production of interrogatories served on the plaintiff.

"After personal consultation and reasonable attempts to resolve discovery differences, the parties have been unable to reach an accord," he wrote.

Circuit Judge Barbara Crowder presides. She reset a case management conference set for Aug. 20 to Dec. 17.

Madison County Circuit Court case number 14-L-645.

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