EAST ST. LOUIS - Walmart has removed to federal court a woman's lawsuit alleging she tripped over a raised concrete block in front of the O'Fallon store.
The lawsuit was originally filed by plaintiff Leslie White in St. Clair County Circuit Court against Walmart Inc. It was removed to the U.S. District Court for the Southern District of Illinois on May 18.
Fairview Heights attorney James DeFranco of Rynearson Suess Schnurbusch & Champion filed the notice of removal on behalf of Walmart.
Walmart argues that removal is appropriate due to diversity of citizenship and the amount in controversy.
Walmart's notice of removal states that White allegedly suffered a concussion and blunt head trauma. She claims her medical bills totaled $23,228.53. Based on her alleged damages, Walmart asserts that the amount in controversy exceeds $75,000.
In her complaint, White alleges Walmart "failed to warn of change in elevation levels in the walkway outside of the entry," Leslie White claims in her lawsuit. It also allegedly "failed to inspect the premises to protect against unsafe conditions."
White claims she suffered significant injuries in the fall.
She further claims Walmart failed to provide any type of warning for its customers concerning the unsafe condition of the subject area, when it knew, or in the exercise of ordinary care should have known, that a warning was necessary for the safety of its customers, including plaintiff.
The fall occurred on Oct. 13, 2020 at the store which is located at 1530 West Highway 50, the suit alleges.
"Wal-Mart had a duty to use reasonable care in the ownership, operation, management, maintenance and control of the subject premise," the suit says.
White seeks in excess of $50,000 in damages, the suit said. She is represented by Brady McAninch of Hipskind and McAninch of Belleville.
White v. Wal-Mart Inc., U.S. District Court for the Southern District of Illinois case number 3:22-cv-1052