Store slip and fall: Failure to monitor floor, maintain air conditioning system: Back injury: Verdict

Law Reporter, Jun 1998

Store slip and fall: Failure to monitor floor, maintain air conditioning system: Back injury: Verdict.

Tinsley v. Wal-Mart Stores, Inc., Tex., Jefferson County 58th Jud. Dist. Ct., No. A-148,700, Dec. 17,1997.

While shopping at a department store, Tinsley, 50, slipped and fell in water on the floor. In doing so, she aggravated a preexisting degenerative disc condition at IA-5, requiring a laminectomy. Her medical expenses were approximately $40,000.

Tinsley and her husband sued the store, alleging the wet floor had been a dangerous condition. Plaintiffs asserted the water had leaked from the ceiling, most likely due to a defectively maintained air conditioning system. Plaintiffs claimed defendant had failed to properly monitor the floor's condition.

Plaintiffs did not claim lost wages.

Defendant contended the danger had been open and obvious. Defendant also contended plaintiff had failed to exercise ordinary care, including wearing shoes with slippery soles.

The jury awarded $435,000, including $5,000 for loss of consortium. The award was reduced 10 percent for Tinsley's negligence.

The court added prejudgment interest and costs, for a total award of about $530,000.

Plaintiffs' expert was Stanley D. Gertzein, orthopedics, Beaumont, Tex. Defendant's expert was W.M. Coltharp, forensic engineering, Austin, Tex.

Plaintiffs' Counsel:

*Brent W. Coon, Beaumont, Tex.

*Sonya B. Coffman, Beaumont, Tex.