Facts

On March 2008, Danyal McCane was shopping at a Wal-Mart store when she slipped and fell on an unknown liquid substance left on the store's aisle. She suffered injuries to her neck and lower back. She sued Wal-Mart Stores Inc., alleging negligent maintenance of its premises and creating a dangerous condition. She also alleged that Wal-Mart had constructive notice of the dangerous condition.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Wal-Mart employees failed to follow policies and procedures, which led to the slipping hazard being present for an unreasonable amount of time. She contended that the employees should have immediately cleaned up the liquid substance.

DEFENDANT'S CONTENTIONS:
Defendant contended that its employees acted reasonably in following the store's policies and procedures. It further contended that McCane was comparatively at fault for the accident for failing to pay attention to where she was going.

Damages

McCane claimed she could now only work part-time due to her injuries. She sought $1.1 million damages for loss of future earning capacity; $239,000 in past medical costs; and $620,000 in future medical costs. In total, she sought $6.8 million for damages, including damages for pain and suffering.

Injuries

McCane presented to the emergency room a day after the accident. She was diagnosed with back strains and sprains and was given prescription for Vicodin, a powerful pain reliever. She treated by a chiropractor. A subsequent MRI revealed a disc extrusion. She underwent a microdiscectomy and laminectomy in Aug. She continued chiropractic care and had a lumbar discogram in July 2009. She underwent a second microdiscectomy/laminectomy in 2010. Her orthopedic surgeon opined her future need for a bi-level lumbar fusion surgery. She continued to experience pain from bending, sitting, standing and walking, and claimed that the surgeries did not positively impact her overall health. She claimed to have bad days where she was bedridden.

Result

The jury rendered a verdict in favor of Wal-Mart on liability.

Deliberation

one hour

Poll

11-1

Length

eight days