Kroger Found Liable to Customer Who Fell in Yogurt

(courtesy of the Georgia Trial Reporter)

Case Caption: Karey Chambers v. The Kroger Company
Case Number: 08EV005981
Court:  Fulton County State Court
Verdict:  $400,000
Judge: Jay Mark Roth
Date of Verdict: 1/29/2010
Attorneys:
Plaintiff
:   Scott G. Monge, Atlanta
Todd R. Henningsen, Atlanta
Defendant:   Douglas A. Wilde, Tyrone

Facts:
A grocery shopper who fell in a nationwide supermarket chain and injured himself sought damages in a liability action filed in the State Court of Fulton County. The jurors awarded $400,000 to the plaintiff for a rotator cuff tear.

Plaintiff Karey Chambers was shopping in a store owned by Defendant The Kroger Company on February 21, 2007. He slipped in spilled yogurt and fell to the floor.

Plaintiff alleged that defendant was directly responsible for his injuries because defendant’s employees failed to clean the spill.  Plaintiff asserted that defendant knew or should have known about  the hazard. He claimed he could no longer work his trucking job and, at the time of trial, was still unemployed.

Defendant denied any liability for the accident. Defendant contended that its employees had no knowledge of the spill and there was no way to know how long the spill had been there.

Plaintiff Profile: Plaintiff was a 55 year old male who was a truck driver.

Alleged Injury: Right (dominant) shoulder rotator cuff tear that required two surgeries. Plaintiff claimed he was unable to perform his duties as a long-haul trucker for brick and concrete. He also claimed strict limitations when playing with his two young sons.  There was no recommendation for future surgery. Plaintiff claimed $57,000 in past medicals and $78,000 in lost wages.

Editor's Notes:  An appeal was filed.
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