Walmart argues that it is not liable for injuries allegedly sustained by an O’Fallon Sam’s Club customer who claims she tripped on an exposed bolt in the parking lot after the snow removal company struck a parking block.
Walmart answered the complaint in federal court on Aug. 23 through attorney James DeFranco of DeFranco & Bradley PC in Fairview Heights, denying liability.
In its affirmative defenses, Walmart argues that plaintiff Diana Cuddeback caused her own injuries by failing to look where she was walking, failing to keep a proper lookout and failing to exercise due care for her own safety. The defendant also alleges the snow removal company struck a rubber parking block, exposing the bolt, when it was removing snow.
Cuddeback filed the complaint against Walmart on July 21 in the St. Clair County Circuit Court. Walmart removed the lawsuit to the U.S. District Court for the Southern District of Illinois on Aug. 19.
Walmart argues that while Cuddeback didn’t “explicitly demand” compensation in excess of $75,000, her claim for medical expenses and limited ability to earn money appears likely that the amount in controversy exceeds the $75,000 threshold.
“Prior to filing their complaint, counsel for plaintiff informed defendant’s claims adjuster that plaintiff had sustained a rotator cuff tear and that she had undergone a surgical repair and subsequent physical therapy rehabilitation.
“Plaintiff has not yet produced her medical bills for treatment allegedly related to the incident, but according to PubMed.gov, the average cost of rotator cuff surgery, including hospital bills, imaging studies, doctor’s bills, and post-surgical physical therapy was $50,302.25 and could exceed $100,000,” the removal notice states.
According to the complaint, Cuddeback was at the Sam’s Club in O’Fallon on Dec. 19, 2019. She claims she was walking in the parking lot when she tripped on an exposed bolt protruding from the parking lot and fell. As a result of her fall, Cuddeback claims she suffered injuries to her muscles, ligaments, membranes, nerves and blood vessels in her head, back, right hip, right hand, right shoulder, left food and knees. She also alleges her tissues were sprained, torn, cut and bruised.
Cuddeback alleges the defendant negligently failed to remove or eliminate the dangerous condition, failed to warn of the dangerous condition and failed to exercise reasonable care in maintaining its premises.
Cuddeback seeks compensation in excess of $50,000, plus court costs. She is represented by Earl Hubbs of Reed and Bruhn PC in Belleville.
U.S. District Court for the Southern District of Illinois case number 3:21-cv-1029