Miozza vs Walmart

Outcome: VERDICT: $347,855 plus $54,062 interest

Description: VENUE: Fulton County, GA COURT: United States District Court TOPIC: Falldown - Discount Store - Substance On Floor VERDICT: $347,855 plus $54,062 interest and costs yielded a total verdict of $401,917. DATE OF VERDICT: 04/14/2000 JUDGE: Richard W. Story AGE: 72 SEX: F OCCUPATION: Retired MARITAL STATUS: Married FACTS: Plaintiff, who lived in California, was visiting her daughter when she went shopping at one of defendant's stores in Snellville. After plaintiff entered the store and walked approximately twenty-five feet from the main entrance, she slipped on a wet substance on the floor and fell, fracturing her hip. It had been raining earlier that day, but, it was disputed whether it was raining at the time of the incident. Plaintiff alleged that: (1) defendant failed to follow its own procedures regarding placement of mats, cones, markers and warnings on a wet floor; (2) defendant created the dangerous wet condition on the floor when a mop was improperly used which created the wet condition on the floor; and (3) she suffered a fractured hip requiring three surgeries and resulting in a permanent limp as a direct result of defendant's negligence. Defendant contended that: (1) it had no duty to warn of conditions created by puddling water on a rainy day; (2) it had adequate warnings in place; and (3) plaintiff had contributing conditions to her injuries such as degenerative problems including INJURY: Fractured hip requiring open reduction and internal fixation, surgery for removal of hardware and a hip replacement resulting in permanent limp. Plaintiff claimed approximately $60,000 in medical specials. JURY DELIBERATIONS: 4.5 hours SETTLEMENT EFFORTS: Last Demand: $105,000 Last Offer: $30,000 INSURANCE CARRIER: Self-insured