$4.3 Million for a Slip & Fall

Case CaptionDonna C. Williams v. TSA Stores, Civil Action No.: 2009EV006917
Court:  State Court of Fulton County
Judge:  Honorable Diane E. Bessen
Plaintiff’s Attorneys: Michael Braun, Braun & Ree, LLP
Defendants’ Attorney: Alfred L. Evans, III, Austin & Sparks, P.C.
                                   John B. Austin, Austin & Sparks, P.C.
Alleged Damages: Fractured hip, back surgery.  Plaintiff claimed $138,000 in medical expenses.
Verdict: $4.3 million
Date of Verdict:  September 28, 2010

Summary:  Plaintiff, a 44-year-old woman, fell on an entrance ramp to the Sports Authority.  Plaintiff argued that a concrete ramp leading from the parking lot to the store entrance constituted a hazard because the difference in elevation between the sidewalk and the slope was not clearly marked.  The defense countered by arguing that the condition of the ramp was open, obvious, and static, as well as that the Plaintiff was contributorily negligent.  Defendant’s store manager testified that 100,000 people a year came through the same door, and only three fell.  

The prior two falls carried the day.  Despite the 2002 and 2004 falls, one of which resulted in a lawsuit, Defendant never painted the ramp yellow until after Ms. Williams’ fall in 2007.  The jury awarded Ms. Williams $4.3 million, which included a 14% discount for Plaintiff’s own contributory negligence.

Contact Us
Contact Us