Jones v. SUPER ONE FOODS/BROOKSHIRES GROCERY COMPANY

774 So. 2d 200, 2000 WL 1193659
CourtLouisiana Court of Appeal
DecidedAugust 23, 2000
Docket33,683-CA
StatusPublished
Cited by4 cases

This text of 774 So. 2d 200 (Jones v. SUPER ONE FOODS/BROOKSHIRES GROCERY COMPANY) 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
Jones v. SUPER ONE FOODS/BROOKSHIRES GROCERY COMPANY, 774 So. 2d 200, 2000 WL 1193659 (La. Ct. App. 2000).

Opinion

774 So.2d 200 (2000)

Betty R. JONES, Plaintiff-Appellee,
v.
SUPER ONE FOODS/BROOKSHIRES GROCERY COMPANY and The Hartford Insurance Company, Defendants-Appellants.

No. 33,683-CA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 2000.

*202 Theus, Grisham, Davis & Leigh by Sharon I. Marchman, Monroe, Counsel for Defendants-Appellants.

Ross Law Firm by James E. Ross, Jr., Counsel for Plaintiff-Appellee.

Before NORRIS, WILLIAMS and STEWART, JJ.

NORRIS, Chief Judge.

The trial court awarded plaintiff, Betty Jones, $4,000.00 for damages she sustained as the result of a slip-and-fall at a Super One grocery store owned and operated by defendant, Brookshire Grocery Company. For the reasons expressed below, we affirm.

Factual Background

On July 5, 1996 at approximately 1:00 p.m., Betty Jones, her mother and her brother went to the Super One grocery store in West Monroe to cash her mother's check and purchase groceries. After obtaining a shopping cart, Ms. Jones entered the store and slipped just inside the automatic doors that led into and out of the store. Jones testified that as she stepped on the mat and slipped, it was wet and a dark liquid "gushed out of the side."

Jones testified that as she fell, she tried to break her fall but was unable to do so; she fell to the floor, striking her head and landing with her left arm folded under her. Jones laid on the floor momentarily and was helped up by her brother and a female store employee who led her to a bench where she sat for about 5-10 minutes to recover from the fall. Jones testified that she saw no wet floor signs in the area where she fell.

Ron Oran, the store manager, approached Jones after her fall. Jones testified that Oran called a young male employee to the front of the store and told him to mop up a spill that "this lady fell in because of you." At trial, however, Oran denied ever making that statement. Jones denied ever filling out a report of the fall at the store.

Jones claimed that immediately after the fall, she felt numb on her left side and noticed that her clothes were wet on the left side. She went to the hospital emergency room the next day because her left hand and her head still hurt. Her subsequent CAT scan and an X-ray were both unremarkable and she was instructed to take Aleve for the pain. While the pain eventually disappeared, it was replaced by a numbness and tingling in her hand and leg.

Eight months later, beginning on March 3, 1997, Jones sought treatment from Dr. George R. Woods, an expert in family practice, complaining of pain in her left knee, wrist and hand. Woods examined her and determined that Jones' complaints were mostly subjective complaints of numbness and tingling. Woods prescribed mild anti-inflammatories and scheduled her to return in 5-7 days.

On March 12, 1997, when she again complained of decreased strength in her left *203 wrist and fingers, Dr. Woods sent Jones to Glenwood Medical Center for a nerve conduction study. The study showed that Jones suffered from carpal tunnel syndrome in both wrists but that it was worse in her right wrist than her left wrist. Based on the results of the nerve conduction study, Dr. Woods believed that Jones might require a carpal tunnel release for the median nerve and referred her to seek further treatment from an orthopedic surgeon. In his deposition, Dr. Woods opined that based on Jones medical history and the facts given to him by the plaintiff, that her carpal tunnel syndrome could have been associated with the fall.

At trial, Jones testified that she still experiences pain, tingling and numbness in her wrist and continues to take pain medication prescribed for her by Dr. Ballard, an orthopedist at the Green Clinic in Ruston. Ballard, however, did not testify at the trial of this matter and no medical records documenting his treatment of Jones were introduced into the record.

Two months prior to her fall at the Super One, Jones slipped in some chicken grease while employed as a cook with the Department of Corrections. She was able to stop herself from completely falling down by grabbing onto the sink with her left hand. Following that fall, she sought treatment in the emergency room for pain in her left hand and knee. When she was questioned about previous falls in deposition for the instant case, she failed to mention the earlier fall at the Department of Corrections. When confronted with this omission at trial, Jones admitted that she had fallen but claimed to have forgotten about it when asked during deposition.

Willis Newton, Jones' brother, testified on her behalf. At trial, Newton testified that Jones was behind him as they entered the store and that he was somewhat distracted, but turned to see he saw her fall when he heard someone holler that she was falling; he tried to catch her but was unable to do so. Newton also testified that he helped Jones up from the floor and noticed that it was damp. This testimony appeared to differ from that given at an earlier deposition where he claimed that he did not see Jones actually fall and his position relative to Jones was uncertain.

Several store employees also testified at trial. Norma Lowery, the front end manager, saw Jones come into the store through the exit door and fall down. In describing Jones' fall, Lowery testified that Jones did not fall forward, but "sat down" on the floor on her rear end. Lowery went over and helped Jones up from the floor and over to a bench to recover from the fall.

Lowery was unsure whether the area of the floor where Jones fell was wet or had just been mopped, but she did see yellow caution signs in the area warning patrons about a wet floor. After she helped Jones to a bench, Lowery contacted the store director about the fall. Lowery testified that she then left the scene and did not help Jones fill out an accident report about the fall.

Ron Oran, the store manager of the Super One, testified that entering the store requires customers to step onto a mat that would activate an electronic door opener. Since this was the busiest area of the store, it was cleaned three or four times a day. Store policy at the time of Jones' fall required a member of management to inspect the floors of the store every hour.

Oran also testified that the front end manager was responsible for inspecting the area near the doorway. The floors would be swept three or four times a day and then mopped, by the store's utility clerks, whenever a spill occurred. In addition to management checking for spills, the store's utility clerks were also expected to check for spills and clean them if found.

Concerning Jones' accident, Oran testified that as soon as he was notified that a fall had occurred, he went to the front of the store where he saw Jones sitting on a *204 bench. He noticed that the floor near the front of the store had been recently mopped and that there were wet floor signs in the entrance of the store that, in his opinion, one should have been able to see upon entering the store. Despite Lowery's testimony to the contrary, Oran testified that he had Lowery help Jones fill out an accident report while he returned to his duties. No report, however, was introduced at trial, and Jones denied filing one out.

Finally, Brad Kelly, the utility clerk on duty, testified that approximately 30 to 15 minutes prior to Jones' fall, he was called to clean up a big liquid spill on and around the in-and-out mat, but no management personnel inspected his work. Later, he was recalled back to the front of the store by Oran who asked him if he had just mopped up a spill.

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Bluebook (online)
774 So. 2d 200, 2000 WL 1193659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-super-one-foodsbrookshires-grocery-company-lactapp-2000.