Suit against Walmart over broken toilet seat set for status conference

By Christina Stueve Hodges | Aug 8, 2013


St. Clair County Circuit Judge Vincent Lopinot set a status conference for Sept. 16 in a lawsuit against Wal-Mart filed by a man claiming he fell after a toilet seat on which he was sitting slid out from under him.

Clifford Greer filed suit March 18 in St. Clair County against Wal-Mart Stores. He claims he was shopping at the Wal-Mart located at 1511 Camp Jackson Road in Cahokia on Oct. 1, 2011 when he attempted to use a toilet seat in the store’s restroom.

He allegedly suffered back, neck and head injuries during the incident.

“While attempting to slide onto the toilet, the toilet moved causing plaintiff to fall,” the suit states.

Wal-Mart responded to the lawsuit, stating the causes of the alleged injuries were his failure to use available hand-holds and his decision to use the toilet seat as a means to stabilize himself when transferring from his wheelchair to the toilet.

In addition to his injuries, Greer claims he became sick, sore, lame, disordered and disabled; incurred medical costs; and experienced pain and suffering, according to the complaint.

Greer blames Wal-Mart for causing his injuries, saying the store negligently failed to properly install toilets

Kirk A. Caponi of the Law Offices of Williams, Caponi and Foley in Belleville represents the plaintiff.

James E. DeFranco and Darrell J. Flesner of DeFranco & Bradley represent the defense.

St. Clair County Circuit Court case number: 13-L-147.

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