Rivera v. General Store No. 2

Rivera v. General Store No. 2, d/b/a Marsh’s Apple Market

Circuit Court of Jackson County, Missouri, Docket #: 0616CV06193

Judge: Thomas C. Clark, Division 3

Nikki E. Cannezzaro, attorney for defendant General Store No. 2.

Type of Claim: Slip and fall. Plaintiff, female age 28, slipped and fell in water on the floor leaking from a refrigeration unit in defendant’s grocery store. Defendant had previously cleaned up the water and placed a warning sign over the spill. Plaintiff claimed she did not see the sign because someone had folded it and leaned it against the refrigeration unit. Defendant claimed plaintiff failed to keep a proper lookout.

Damages Alleged: Soft tissue injury to the back ($4,080 medical expenses).

Plaintiff’s Experts: Mark Buckner, D.C.; and James Filberth, D.C.

Defendant’s Experts: None presented.

Demand Before Trial: $15,000.

Offer Before Trial: None.

Verdict: Plaintiff found 80% at fault; defendant found 20% at fault. Damages evaluated at $5,000-net recovery to plaintiff $1,000.