UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS
April 27, 2010
CAROL EDWARDS, PLAINTIFF,
REGIS CORP., A FOREIGN CORPORATION, AND WAL-MART STORES, INC., A FOREIGN CORPORATION, DEFENDANTS.
The opinion of the court was delivered by: Michael M. Mihm United States District Judge
Now before the Court is Defendant Wal-Mart Stores, Inc.'s ("Wal-Mart") Federal Rule 12(b)(6) Motion to Dismiss. For the reasons set forth below, Wal-Mart's Motion [#10] is GRANTED.
On January 15, 2010, Plaintiff Carol Edwards ("Edwards") filed a Complaint against Wal-Mart and Regis Corp. ("Regis"), alleging negligence against both Wal-Mart and Regis. She alleges that she incurred injuries as a result of falling from a chair at the SmartStyle salon*fn1 located within the Wal-Mart at 8915 North Allen Road, Peoria, Illinois. On March 19, 2010, Wal-Mart filed its Motion to Dismiss, arguing that pursuant to the express terms of the Lease Agreement controlling Regis' use of the leased space within the Allen Road Wal-Mart, Wal-Mart took no part in either the maintenance or repair of the chair within the Regis beauty salon that is the subject of this litigation. Wal-Mart attached the August 11, 1999, Lease Agreement entered into by Wal-Mart and Regis, which provided that Regis was solely responsible for the maintenance and repair of the demised premises,*fn2 and which was in full force and effect at all times relevant to the allegations contained in Edwards' Complaint. Wal-Mart further argues that given Edwards' allegation of Wal-Mart's failure to exercise due care to ensure the chair was in a reasonably safe condition, and given the terms of the Lease Agreement, Wal-Mart should be dismissed from the case. Edwards filed her Response to Wal-Mart's Motion to Dismiss, stating that on the basis of the information contained in the Motion and its attached Exhibits A (Plaintiff's Complaint) and B (Wal-Mart Shopping Center Lease Agreement), she offered no objection to Wal-Mart's Motion to Dismiss.
Accordingly, Wal-Mart's Federal Rule 12(b)(6) Motion to Dismiss [#10] is GRANTED, as Plaintiff Edwards does not oppose the motion. Wal-Mart is TERMINATED as a party from this case. This matter is referred to the Magistrate Judge for further proceedings.
ENTERED this 27th day of April, 2010.