Facts

On May 31, 2011, while shopping at a Wal-Mart store in Elk Grove, Phillips was injured as a result of a slip and fall. She sued Wal-Mart Stores Inc. alleging premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff entered through the garden entrance of defendant's store prior to the incident. The garden center was covered by a mesh sunshade, allowing direct sunlight and rain to enter. After it had been raining for about an hour, plaintiff attempted to leave the store through the garden center, as she had entered. However, as she was exiting, she stepped onto the wet floor and slipped. She fell forward onto her knees. Plaintiff claimed that there was a three-foot-tall orange "wet floor" cone approximately 20 feet away from her.

Plaintiff contended that defendant failed to properly warn of the wet floor, creating a dangerous condition. Plaintiff claimed she did not know it had been raining. Plaintiff also contended that she had been looking down as she was exiting.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff walked past the "wet floor" warning sign on her way into the store. Defendant contended that the same sign was still present on plaintiff's way out of the store. As such, defendant contended that the rainwater was open and obvious, and did not require any warning. Defendant further contended that the garden center was located outdoor, and that there was no way to keep the area entirely dry. Defendant also claimed that there could be no way that employees could be asked to warn every person about the rain. Defendant further contended that plaintiff was wearing flip-flops on the date of the incident, which likely caused her fall.

Defendant further contended that plaintiff's tear healed within six weeks of physical therapy. Defendant then contended that plaintiff's subsequent knee pain was not due to the subject incident, but was related to plaintiff's return to running. Defendant also noted the gap in her treatment, and questioning the cause of her subsequent knee pain.

Damages

Phillips missed five days off from work. She continued to suffer from knee pain, and was limited in her recreational activities.

Injuries

Phillips tore her knee ligament and a dislocation of her left knee. She was taken to an emergency room, and placed in two different braces. She then treated with physical therapy for approximately six weeks. She was subsequently diagnosed with patellar tendinitis and chondromalacia.

Result

The jury did not find Wal-Mart negligent, and therefore, returned a verdict in favor of the defense.

Deliberation

4.5 hours

Poll

11-1

Length

seven days