Confidential

Facts

In August of 2003, the 43-year-old plaintiff was a patron of the defendant's store. As the plaintiff was walking toward the front checkout stand, the plaintiff walked to the right of a center display. The plaintiff did not see some water on the floor in front of the refrigeration unit, which caused the plaintiff to slip and fall.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant failed to maintain the premises in a safe manner, with prior knowledge that the refrigeration units could leak, creating a dangerous condition for customers; failed to react properly to the situation; and violated its own safety policy by not using cones.

DEFENDANT'S CONTENTIONS:
The defendant contended that they had no notice of the condition until immediately before the incident happened. The defendant further contended that the second surgery was not necessary.

Damages

Medical expenses: $52,000; Future Medical Expenses (additional surgery): $64,000 - disputed; Loss of Income: $31,500 - disputed.

Injuries

Injury to knee, requiring two surgeries.