Roland v. Larry

Roland v. Larry’s United Super, Inc., d/b/a IGA Super Center

Circuit Court of Jackson County, Missouri, at Independence, Docket #: 02CV203193

Judge: Michael Manners, Division 2

Jill Frost, attorney for defendant Larry’s United Super, Inc.

Type of Claim: Premise liability/slip and fall. Plaintiff, male, age 60, was shopping in defendant’ store when he slipped and fell on liquid soap that had been spilled. Plaintiff claimed that as he was attempted to get up he slipped again and hit his head on a shelf. Defendant did not deny there was a substance on the floor, but claimed its employees had no notice of the spill and had followed store policy regarding periodic inspection of the aisles.

Damages Alleged: Soft tissue injuries to the neck and back; knee injury which required surgery; head injury; and permanent injury to his left index finger. (Plaintiff was a diabetic and had pre-existing arthritis).

Plaintiff’s Experts: Kelly Miller, D.C. (treating chiropractor).

Defendant’s Experts: None presented.

Demand Before Trial: $125,000.

Offer Before Trial: $30,000.

Verdict: Plaintiff found 50% at fault; defendant found 50% at fault. Damages evaluated at $8,000 - net recovery to plaintiff $4,000.