Thomas v. Festival Foods

Circuit Court of Clay County, Missouri, Docket #: CV103009351

Judge: Donald T. Norris, Division 2

Ryan E. Karaim, attorney for defendant Festival Foods.

Type of Claim: Slip and fall. Plaintiff, female age 28, slipped and fell in defendant’s store. Plaintiff slipped in water which was on the floor in the deli department and hit her head. Defendant did not know of the water and claimed no knowledge of plaintiff’s fall. Plaintiff, using her cell phone, called defendant from the parking lot, after she had left the store, to inform them of her fall. Plaintiff claimed defendant should have had a procedure in place for regular floor inspections. Defendant claimed plaintiff failed to keep a proper lookout and questioned the extent of plaintiff’s injuries.

Damages Alleged: Prior to fall plaintiff had abnormal blood vessel problem in her right eye, as a result of the fall vessels broke causing damage to the retina resulting in permanent diminished vision in the right eye ($4,102.40 medical expenses; $1,000 lost income).

Plaintiff’s Experts: Videotape depositions of Michael Seligson, M.D. (retina expert) (Santa Fe, NM) and Alex Balian (grocery store operations) (Burbank, CA).

Defendant’s Experts: None presented.