Walmart and one of its employees denies liability in a shopper’s suit alleging she suffered injuries when she tripped on a barrier placed at one of the entrances to the Wood River store last year.
Defendants Walmart Inc. and Glenn Masterson answered the complaint on April 26 through attorney Rebecca Van Court of DeFranco & Bradley PC in Fairview Heights, denying liability. The suit alleges Masterson operated, owned, managed, or maintained the Wood River Walmart where the alleged fall occurred.
In their affirmative defenses, the defendants argue that plaintiff Helen Forgy-Sawyer caused her own injuries by failing to keep a proper lookout and exercise due care for her own safety.
Forgy-Sawyer filed a reply to the affirmative defenses on April 27 through attorney Michael Glisson of Williamson Webster Falb & Glisson in Alton. She denies causing her own injuries.
Forgy-Sawyer filed her complaint on Feb. 3 alleging she was at the Wood River Walmart on May 28, 2020. She claims she was walking into the building when she tripped on a barrier with legs sticking upward on the front sidewalk, causing her to fall. The plaintiff claims the barrier presented an unreasonable risk of harm. She also alleges the defendants knew or should have known of the dangerous condition and its risks.
The plaintiff alleges she did not misuse the premises in any way when she fell. At the time of her fall, Walmart was employing modified entry and exit routines in order to accommodate the COVID-19 social distancing mandates.
Forgy-Sawyer alleges Walmart failed to inspect the front sidewalk and the barriers located on the premises, failed to remedy the dangerous condition, failed to warn of the dangerous condition, failed to inspect the dangerous condition, failed to properly train employees, failed to direct employees to warn of the dangerous condition, and distracted the plaintiff.
She seeks compensation in excess of $50,000 for each count.
Madison County Circuit Court case number 21-L-155