An injured foot became a headache for Wal-Mart in the case of Amber McCarthy-Shreve and Mark Shreve vs. Wal-Mart Stores, Inc.
The United States District Court, Southern District of Indiana, Evansville Division recently denied Wal-Mart’s motion to exclude the testimony of the Plaintiff’s expert, Dr. Leroy J. Grossman, who gave his opinion as to McCarthy-Shreve’s loss of earning capacity. Ms. McCarthy-Shreve alleges she sustained injuries to her left foot after a gallon of tea fell off the bag carousel at an Owensboro, Kentucky Wal-Mart. She claimed in her March 29, 2007 Complaint that the injury caused her to retire from her secretarial position for a circuit judge in Henderson, Kentucky.
Dr. Grossman, an economist, calculated her lost of earning capacity to be $233,970.00.
In denying Wal-Mart’s motion, the court held Dr. Grossman’s opinion was supported in “sound methodology and helpful to the jury.”
LegalTEAS Lesson: Most people are familiar with “slip and fall” cases and usually attribute those types of claims with grocery stores and the like. However these cases, known as premises liability cases, can involve anyone who is in possession of land, of a place of business, or of a “premise” – whether it be a home, building, spa, or tea shop. While the laws of most jurisdictions categorize an individual who enters a premise as an “invitee,” a “licensee,” or a “trespasser,” each having separate protections, it’s best to keep your premise in good working order regardless of how the guest is defined. Wiping up spills immediately, keeping doors and windows in working order, and ensuring that all equipment is secure are just some of the ways to guard against these types of lawsuits. Make a note to complete routine checks of your entire premise, outside and inside, on a regular basis to ensure the safety of your guests and employees. Knowledge of problems, without prompt attention to having them fixed, may be brought up in court, and become a detriment to your case and your company. Safety is an important part of success.
The United States District Court, Southern District of Indiana, Evansville Division recently denied Wal-Mart’s motion to exclude the testimony of the Plaintiff’s expert, Dr. Leroy J. Grossman, who gave his opinion as to McCarthy-Shreve’s loss of earning capacity. Ms. McCarthy-Shreve alleges she sustained injuries to her left foot after a gallon of tea fell off the bag carousel at an Owensboro, Kentucky Wal-Mart. She claimed in her March 29, 2007 Complaint that the injury caused her to retire from her secretarial position for a circuit judge in Henderson, Kentucky.
Dr. Grossman, an economist, calculated her lost of earning capacity to be $233,970.00.
In denying Wal-Mart’s motion, the court held Dr. Grossman’s opinion was supported in “sound methodology and helpful to the jury.”
LegalTEAS Lesson: Most people are familiar with “slip and fall” cases and usually attribute those types of claims with grocery stores and the like. However these cases, known as premises liability cases, can involve anyone who is in possession of land, of a place of business, or of a “premise” – whether it be a home, building, spa, or tea shop. While the laws of most jurisdictions categorize an individual who enters a premise as an “invitee,” a “licensee,” or a “trespasser,” each having separate protections, it’s best to keep your premise in good working order regardless of how the guest is defined. Wiping up spills immediately, keeping doors and windows in working order, and ensuring that all equipment is secure are just some of the ways to guard against these types of lawsuits. Make a note to complete routine checks of your entire premise, outside and inside, on a regular basis to ensure the safety of your guests and employees. Knowledge of problems, without prompt attention to having them fixed, may be brought up in court, and become a detriment to your case and your company. Safety is an important part of success.
