This accident occurred on July 24, 2008, at the Hy-Vee in Lawrence, Kansas at approximately 10:00 p.m. Ms. Davis slipped and fell on water in the produce section, after which she complained of ankle pain and sought treatment. She was taken by ambulance to Lawrence Memorial Hospital.
Plaintiff alleged to have suffered an injury to her right ankle. She subsequently had two operations on her ankle to fix torn ligaments which she attributed to the fall. One of Plaintiff’s treating doctors testified that she still has ligament instability and nerve problems related to the fall. He recommended an additional surgery which would consist of a tendon transfer. The defense argued that the plaintiff only incurred a mild ankle sprain which should have healed within six weeks as a result of the fall at Hy-Vee. The defense further argued that the plaintiff should not need any future treatment due to the fall.
Plaintiff’s attorney asked for $74,243.34 in past medical bills related to the fall and an anticipated $25,000 in future medical treatment in closing. Plaintiff’s attorney further asked for $11,000 in past pain and suffering and $153,000 for future pain and suffering. Plaintiff’s total requested comes out to about $263,243.34.
The jury entered a favorable defense verdict, finding the plaintiff 20% at fault and Hy-Vee 80% at fault but awarding only $6,065.40 in damages to the plaintiff.