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Date: 10-01-1997

Case Style: Debra K. Reed and Gary D. Reed v. Wal-Mart Stores, Inc.

Case Number: 4-98-0115

Judge: Paul C. Komada

Court: Circuit Court, Coles County, Illinois

Plaintiff's Attorney: Michael J. Meyer, Law Office of Michael J. Meyer, Effinham, Illinois

Defendant's Attorney: Ronald E. Fuhr and Martin W. Siemer of Parker, Siemer, Austin, Resch & Fuhr, Effingham, Illinois

Description: Premises liability - concealed danger. On May 7, 1997, plaintiffs Debra and Gary Reed went to a Wal-Mart store in Charleston, Illinois, to purchase some cherry trees. While looking around the garden area, Debra stepped on a rusty nail protruding from a board in the middle of a pathway. Debra was injured and sued Wal-Mart and Gary sued for loss of constorium.

Outcome: Defendant's verdict.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Reversed and remanded by the Appellate Court of Illinois, Fourth District because the trial court required the plaintiffs to prove that defendant had actual or constructive notice of the hazard which harmed Mrs. Reed. See: 700 N.E.2d 212 (Ill.App. 4 Dist. 1998).

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