Man falls in grocery store parking lot

From the June 13, 2005 Missouri Lawyers Weekly  

Claims injuries left him unemployable

$1.15 Million Settlement

A patron who fell in a grocery store parking lot has settled his Green Country premises liability case against the storeowner and a paving company for $1.15 million.

On April 20,2000, Gregory Jackson was a patron at Cunningham’s Fresh Foods, a grocery store in Marshfield, Mo., near Springfield. After shopping, Jackson was walking across the parking lot in front of the store when he stepped on uneven asphalt that caused him to fall to the ground, landing on his right hand and arm.

Jackson, 43, suffered injury to his shoulder, arms, hands, chest and wrist, resulting in Reflex Sympathetic Dystrophy of the hand. The RSD condition required multiple medications, a spinal stimulator, physical therapy and occupational therapy. He claimed that the injury left him unemployable.

Jackson alleged that Masters-Jackson Paving Company had resurfaced a portion of the parking lot in 1996, but did not complete the lot at Cunningham’s request. He further alleged that the incomplete resurfacing left an untapered drop-off measuring 1-2 inches.

In his lawsuit, he argued that the 1-2 inch edge created a dangerous condition on the property that Cunningham’s knew of or should have known of, and that it failed to remove, warn of, or barricade the condition. He also claimed that Masters-Jackson created – and knew it had created the dangerous condition.

The defendants argued that Jackson weighed over 300 pounds and had several severe health conditions unassociated with the fall.

Following mediation about a month before trial, the parties reached a $1.15 million settlement.

Facts of the case

Type of Action: Premises liability/personal injury
Type of Injuries: Injury to shoulder. arms, hands, cheat and wrist resulting in RSD of hand
Court/Case Number/Date: Green Country Circuit Court/102CC0535/March 2, 2005
Caption: Jackson v. CFC, Inc. d/b/a Cunningham’s Fresh Foods, et al.
Judge, Jury or ADR: Mediation
Name of Judge: J. Miles Sweeney
Verdict or Settlement: $1.15 million settlement
Special Damages: $150,000 past medical expenses;$195,000 past lost wages;$750,000 future medical expenses
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorney for Plaintiff: Steve Garner and Rachael Dockery, Strong-Garner-Bauer, P.C., Springfield; William Lawrence, Lawrence Law Firm, Springfield
Insurance Carrier: National Mutual Insurance Company; Allied Mutual Insurance Company
Plaintiff’s Experts: Larry Cox, Springfield (economist); Wilbur Swearingin, Springfield (vocational rehabilitation); Keith Vidal, St. Louis (engineer); Terry Winkler, Springfield (life care plan)
Defendant’s Experts: None disclosed