Madison - St. Clair Record

Monday, October 14, 2019

Wal-Mart sued over customer's parking lot fall

By Kelly Holleran | Dec 21, 2010

A Madison County woman names three individuals as defendants in a suit she filed after falling in a hole in a Wal-Mart parking lot.

Judy and Thomas J. Davis filed a lawsuit Dec. 8 in Madison County Circuit Court against Vicki Rehlen, Janelle McCoy and Arno Sponeman.

The Davises claim Judy Davis visited the Glen Carbon Wal-Mart on July 15 when she stepped into a hole as she attempted to load bags into her automobile.

Because of the incident, Judy Davis experienced permanent injuries to her lower extremities and suffered extreme pain and mental anguish, according to the complaint. She also suffered disability and an impaired earning capacity and incurred medical costs, the suit states.

Her husband lost his wife's support and services, the complaint says.

The defendants the Davises name in their suit bore the responsibility of inspecting, maintaining and reporting or repairing dangerous conditions at Walmart's parking lot, the complaint says.

However, the defendants failed in their duties by negligently allowing a hole to develop, by failing to properly inspect the parking lot, by failing to properly train employees, by failing to maintain the parking lot and by failing to barricade the hole in the parking lot's surface, the plaintiffs claim. In addition, the defendants negligently failed to warn of the hole, allowed the foundation for the hole to grow and failed to report unsafe conditions to others, according to the complaint.

In their two-count complaint, the Davises seek a judgment of more than $100,000, plus costs.

Brian M. Wendler of Wendler Law in Edwardsville will be representing him.

Madison County Circuit Court case number: 10-L-1251.

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