Woman sprains ankle in grocery store parking lot trip & fall – Defense verdict

Plaintiff alleged she tripped and fell over a curb stop in a Ukrop’s parking lot. She claimed that the curb stop was a hazard, namely that she could not see the curb stop because the lighting levels were low and a car was parked in the space.

Plaintiff’s safety engineer intended to opine that wheel stops are prima facie evidence of a negligent design and that wheel stops should be painted with bright yellow traffic paint. Plaintiff’s safety engineer, however, was excluded from testifying because the court determined a jury did not need expert testimony regarding parking lot wheel stops.

Defendant had no medical expert, as the injuries were not disputed. As to liability, the defendant argued contributory negligence, as well as open and obvious condition.

[12-T-164]

Type of action: Premises liability – trip & fall
Injuries alleged: Plaintiff alleged a severe ankle sprain; defendant did not dispute the injuries
Name of case: Johnson v. Ukrop’s Super Markets, Inc.
Court: Richmond Circuit Court
Case no.: CL09-5641
Tried before: Jury
Judge: Melvin R. Hughes Jr.
Date: Feb. 24, 2012
Special damages: Medical treatment – $6,561.66
Verdict or settlement: Defense verdict
Attorney for defendant: E.. Lewis Kincer Jr., Glen Allen
Attorney for plaintiff: David G. Browne, Richmond
Insurance carrier: Liberty Mutual
Plaintiff’s experts: Steven Reece, orthopedics, Richmond; Gregory Harrison, safety engineer