Madison - St. Clair Record

Monday, September 16, 2019

Wal-Mart demands jury trial in pregnant woman's personal injury lawsuit

By Heather Isringhausen Gvillo | Oct 21, 2013

O'Fallon Wal-Mart has removed to federal court a pregnant woman's case alleging she slipped and fell on a wet floor, fracturing her hip.

Wal-Mart Stores filed the notice Sept. 27 through attorneys James E. DeFranco and Darrell J. Flesner of DeFranco & Bradley PC in Fairview Heights. They requested to move the case to the U.S. District Court for the Southern District of Illinois in East St. Louis on terms of venue, diversity of citizenship, amount in controversy and timeliness.

DeFranco and Flesner claim the plaintiff is a citizen of the state of Illinois and Wal-Mart is a citizen of Delaware and Arkansas, which satisfies the diversity of citizenship requirements.

The defendant also alleges the amount in controversy exceeds $75,000.

According to the complaint filed Aug. 22, Wright claims she was shopping at the O'Fallon Wal-Mart in August 2011 when she walked past a cold beverage machine to a check out lane. The beverage machine allegedly had been leaking and left a slippery liquid on the floor, causing Wright, who was eight months pregnant at the time, to slip on the substance and do "the splits," the suit states.

As a result of the fall, Wright allegedly tore her labrum, broke her hip and tore muscles. Wright says she was in pain from the injuries for the remainder of her pregnancy.

The plaintiff blames the store of negligence for allowing the beverage machine to leak without cleaning up the mess or warning customers of its dangers.

Wright seeks a judgment of more than $50,000.

Robert LeChien scheduled a mandatory status conference for Nov. 11 at 9:30 a.m.

Attorney Michael L. McGlynn of Belleville represents Wright.

St. Clair County Circuit Court Case No. 13-L-434

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