Just Ask Gonzo: Suit against Wal-Mart settles

By Steve Gonzalez | Dec 13, 2006

Question: Last year you wrote a piece on a man who tripped at the Belleville Wal-Mart and filed suit in East St. Louis. I went to school with a Chester Evans and was wondering if you could tell me if his suit was successful.

Darcy McAdams
St. Louis County

Gonzo: Darcy, your classmate settled his case for an undisclosed amount of money back in April.

U.S. District Judge Patrick Murphy dismissed the suit with prejudice after the settlement was reached between the parties.

Evans filed his personal injury suit against the retail giant in federal court, alleging he was injured while shopping at the Belleville Wal-Mart on Nov. 10, 2002.

Evans claims he slipped and fell on a clear piece of plastic which was partially attached to a pallet and partially lying in the aisle causing him to sustain severe injuries.

According to the suit filed Dec. 22, 2005, in the U.S. District Court for the Southern District of Illinois, Wal-Mart failed to maintain its premises in a reasonably clean condition.

The store allowed plastic to remain on the floor in an area where customers would be walking and it failed to periodically inspect for accumulation of foreign substances on the floor, the suit claims.

Evans also claims Wal-Mart violated corporate policy by failing to warn of the plastic on the floor.

Evans claims he sustained severe and permanent injuries to his feet, legs and back, suffered great pain and mental anguish, lost wages and paid or would become liable to pay medical expenses.

He was seeking damages in excess of $75,000 plus all costs of the suit.

Evans was represented by Michael Cook of Belleville.

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