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Wal-Mart removes dressing room liability suit to federal court
BY JESSE AMMERMAN
CHICAGO - A negligence suit filed in Cook County against Wal-Mart was removed by the defendants to the U.S. District Court for Illinois' Northern District on Jan. 10.
The complaint, originally filed on Nov. 13, 2007, alleged that Wal-Mart negligently maintained its dressing room for disabled customers. As a result of Wal-Mart's alleged negligence, a ladder fell on the plaintiff, Larry J. Collier, causing injuries. The complaint alleges that the "dangerous condition" also included a "metal rack, debris, containers, and bundles of plastic."
Were it not for Wal-Mart's failure to warn or barricade the dressing room, plaintiff argues, the incident would not have occurred.
The complaint does not state the nature of the injuries Collier sustained, but seeks damages over the jurisdictional minimum of $50,000 in each of its seven counts.
The complaint names seven entities as defendants: Wal-Mart Stores, Inc., Wal-Mart Real Estate Business Trust, Wal-Mart Associates, Inc., Wal-Mart.com USA, LLC, Wal-Mart Realty Company, Wal-Mart Stores East, Inc., and Wal-Mart Transportation, LLC, and offers the same allegations against each.
For its answer to the complaint, Wal-Mart Stores, Inc., denies all allegations pertaining to liability. Each other entity named in the complaint denies liability and denies that they owned, leased, managed, operated, or controlled the premises in question. Wal-Mart included a jury demand with its answer.
The plaintiff is represented by Bridget A. Mitchell of Chicago and Thomas J. Tyrrell of Arlington Heights, Ill.
Mitchell has practiced in Illinois since 1981, focusing primarily on premises liability, medical malpractice, motor vehicle accidents, construction accidents, and other personal injury claims.
Wal-Mart is represented by E. Angelo Spyratos and Pamela L. Pierro of Momkus McCluskey, LLC. The firm is based in Downers Grove, Ill., and handles a wide range of litigation, including business and corporate law and personal injury defense.
The case is set before Judge David H. Coar in U.S. District Court for Illinois' Northern District. Hearings on the matter have not yet been scheduled.
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