Brown v. Brookshire's Grocery Co.

868 So. 2d 297, 2004 WL 444253
CourtLouisiana Court of Appeal
DecidedMarch 12, 2004
Docket38,216-CA
StatusPublished
Cited by11 cases

This text of 868 So. 2d 297 (Brown v. Brookshire's Grocery Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Brookshire's Grocery Co., 868 So. 2d 297, 2004 WL 444253 (La. Ct. App. 2004).

Opinion

868 So.2d 297 (2004)

John E. BROWN and Lovie Brown, Plaintiff-Appellee
v.
BROOKSHIRE'S GROCERY COMPANY d/b/a Super 1 Foods, et al., Defendant-Appellant.

No. 38,216-CA.

Court of Appeal of Louisiana, Second Circuit.

March 12, 2004.

*299 David H. Nelson, Monroe, for Appellant.

Richard J. Gallot, Jr., Ruston, Bobby L. Culpepper, Jonesboro, for Appellee.

Before WILLIAMS, STEWART and CARAWAY, JJ.

WILLIAMS, J.

In this slip and fall case, the defendant, Brookshires Grocery Company d/b/a Super One Foods ("Brookshires"), appeals a trial court judgment in favor of the plaintiff, John E. Brown. The trial court awarded the plaintiff $15,000 in general damages and $1888.94 in special damages for injuries sustained after he slipped and fell in the defendant's store. For the following reasons, we affirm.

FACTS

On April 3, 1999, at approximately 7:30 a.m., the plaintiff, John E. Brown ("Brown"), entered the Super One Foods ("Super One") grocery store in Ruston, Louisiana, to purchase groceries. As Brown was walking through the check-out area toward the grocery shelves, he slipped on spilled dishwashing liquid and fell.

At trial, Chris Turner ("Turner"), an assistant manager at Super One, testified that prior to the accident, a patron in an electronic motorized shopping cart, Alice Smith ("Smith"), was standing in the check-out line to purchase her items. He testified that after making her purchases, Smith began to put her items in bags and place them in her cart, which is customary for the patrons of Super One. Turner testified that he noticed that dishwashing detergent was leaking from the basket of Smith's cart and he removed the upside-down bottle containing the liquid and replaced the pop-top cap, which had been released. Turner testified that he notified the store director, Michael D. Terry ("Terry") of the spill and asked Terry to retrieve a "wet floor" sign. Turner further testified that he "guarded" the spill, by positioning himself between the spill and anyone entering the store, while Terry left to retrieve the sign.

Despite Turner's testimony that the accident occurred "right after" he discovered the spill, he testified that he witnessed several patrons pass him to leave the store after they had finished checking out at other counters and he saw at least one person enter the store and proceed along the "Wall of Values"[1] before the accident. However, he testified that he never saw Brown enter the store or approach the area of the spill. In fact, he stated that he did not see Brown until after the accident. *300 Turner admitted that while the majority of customers entered the grocery store and traveled along the "Wall of Values," to access the grocery shelves, it was not uncommon for patrons to proceed through one of the check-out aisles after entering the store, as Brown had done. According to Turner, the time of day when the accident occurred is not a particularly busy time for the grocery store.

Terry, the store director, confirmed Turner's testimony that there was very little traffic in the store at the time of the accident. Terry testified that he did not witness the accident because he left the area to retrieve a "wet floor" sign. He testified that when he returned to the area, approximately forty-five seconds later, Brown already had fallen and he was getting up from the floor. Terry testified that because the tile in the area of the spill was white and the spilled liquid was yellow, the contrast between the two colors made the spill very noticeable. He also confirmed Turner's testimony that it was not unusual for patrons to proceed to the merchandise area through the check-out aisles. Terry testified that there were no signs or other obstructions to discourage patrons from walking through the check-out aisles to reach the merchandise area.

J.C. Knight, a cookie salesman, testified that at the time of the accident, he was talking to Turner about some sales promotions. He stated that as he was talking to Turner, he noticed Brown walk in the front door at a brisk pace without ever looking down at the floor. He testified that Turner was standing between the front door and the spill, but facing the other check out counters when Brown walked past him, brushed Turner's shoulder and slipped in the spilled liquid. He also testified that the liquid was orange in color.

Brown's wife, Lovie Brown, testified with regard to her husband's injuries and his physical condition after the accident. While she appeared to be somewhat confused as to which arm he had injured, she testified that the arm was swollen and Brown had to wear a splint for a period of time. She testified that Brown still experiences some pain and weakness in his wrist which prevents him from lifting anything heavy. According to Mrs. Brown, the injury has impaired Brown's ability to work with his tools and to do maintenance work at apartments owned by his brother, activities that he enjoyed prior to the accident. Mrs. Brown also testified that because her husband suffered a stroke in January 2000, his memory is not as good and he gets confused about some of the details with regard to the accident and his injuries. Mrs. Brown offered no real substantive testimony with regard to her loss of consortium claim, other than to state that Brown was irritable about not being able to do "certain things" after the accident.

We note that Brown's testimony appears to have been largely error-prone due to his confusion and lack of memory. However, the trial court did not find, and nothing in this regard suggests to this Court, that he was purposely coloring his testimony in an attempt to be disingenuous. The trial court noted in its ruling its impression that Brown's memory had been affected by an unrelated illness, and thus the court did not cite much of his testimony in reaching its conclusions. Also testifying at the trial was Angelo Julian, a longtime friend of Brown. Julian was not present at the time of the accident and was only able to offer vague testimony with regard to the plaintiff's complaints of pain and discomfort caused by the injury.

Medical records jointly introduced at trial reveal that Brown presented to the *301 emergency room at Lincoln General Hospital in Ruston after he slipped and fell in Super One on April 3, 1999. He complained of pain in his left wrist and swelling of the forearm above his left wrist. An x-ray revealed that Brown had suffered a non-displaced fracture to the distal end of the radius of his left wrist, with significant soft-tissue swelling of his left forearm. He was placed in a wrist splint and prescribed pain medication. Brown was instructed to follow up with an orthopedist within four to five days.

On April 8, 1999, Brown was seen by Dr. Richard Ballard, an orthopedist at the Green Clinic in Ruston. Because Dr. Ballard noticed that Brown was still experiencing moderate swelling of his left wrist and forearm, he advised Brown to continue to wear the wrist splint and to return to the clinic in two weeks for a new x-ray. When Brown returned to the clinic on April 22, 1999, Dr. Ballard noted some improvement to Brown's left wrist. He also noted that Brown complained of "quite a bit" of back pain that began shortly after the accident. Dr. Ballard detected spasms in Brown's lower back, but did not find any neurological deficit. He recommended that Brown wear the wrist splint for an additional three weeks and diagnosed him with a lumbar strain, for which he prescribed medication.

On May 13, 1999, Brown returned to the Green Clinic for a follow-up visit. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
868 So. 2d 297, 2004 WL 444253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-brookshires-grocery-co-lactapp-2004.