Kelly v. Lamp Food Stores, Inc.

Kelly, plaintiff ad litem v. Lamp Food Stores, Inc.

Circuit Court of Jackson County, Missouri, at Independence, Docket #: 01CV220509

Judge: Michael Manners, Division 2

Jill Frost, attorney for defendant Lamp Food Stores, Inc.

Type of Claim: Slip and fall. Plaintiff, male age 50, died one year before trial; plaintiff’s wife pursued the claim ad litem. Plaintiff’s death was unrelated to this action. Plaintiff slipped and fell in defendant’s parking lot at 8:00 at night. The weather had been cold and wet all day resulting in a layer of sleet lying on top of oil. Defendant had knowledge of the slippery conditions and had applied sand and salt to the parking lot.

Damages Alleged: Fractured ankle requiring two surgeries.

Plaintiff’s Experts: Videotape deposition of John W. Collins, Jr., M.D.

Defendant’s Experts: None presented.

Demand Before Trial: $5,000.

Offer Before Trial: $1,000.

Verdict: Plaintiff found 0% at fault; defendant found 0% at fault. No recovery.