Court: Louisiana Court of Appeal; December 10, 1985; Louisiana; State Appellate Court
Mary Edmond sustained personal injuries from slipping on a strawberry while shopping at Market Basket Store in Lake Charles, leading her and her husband, Leon Edmond, to sue Market Basket Stores, Inc. and its insurer, Cherokee Insurance Company. The trial court awarded Mary damages for past medical expenses and $23,000 for general damages. The defendants appealed, arguing three main points: 1) the trial court wrongly assigned liability to Market Basket, 2) it failed to find Mary Edmond contributorily negligent, and 3) the $23,000 damages award was excessive.
On May 12, 1982, while attempting to buy onions, Mary slipped on a strawberry and fell, injuring both knees. She reported the incident to store management and sought medical attention, although there is no hospital record of her x-rays due to her granddaughter's employment there. Subsequently, Mary suffered further injuries in August 1982, when her injured knee failed, causing her to fracture her foot and develop a ganglion on her ankle.
The appellate court reviewed the trial court's finding of liability, citing the standard of care for storekeepers established in prior Louisiana cases, which obligates them to maintain safe conditions in their premises by keeping floors clear of hazards. The court noted that this duty encompasses reasonable efforts to remove objects that might cause slips and falls, referencing several precedents where similar incidents were litigated. The evaluation of what constitutes reasonable care includes factors like merchandise type, display, service space, and business volume.
The self-service grocery system requires customers to engage with merchandise and increases the risk of hazards, such as dropped items. Store owners have a heightened duty to conduct frequent inspections and cleanups to mitigate these risks. In this case, the plaintiff slipped on strawberries found on the floor, which she did not see prior to her fall, leading to her injury. The trial court confirmed that the presence of the strawberries and the plaintiff's encounter with them were established. It concluded that Market Basket Store 19 failed to demonstrate that it was not negligent. Evidence indicated that a pint of strawberries had spilled less than five minutes before the incident, and while an employee claimed he cleaned the area, he later acknowledged that a mashed strawberry was discovered after the fall. The trial judge inferred negligence from this failure to adequately clean the area, maintaining that the store did not rebut the presumption of negligence as a cause of the plaintiff's injuries.
The defendants argued that the plaintiff was contributorily negligent for not watching where she was walking, given her intent to purchase only onions. However, the court rejected this argument, noting that the plaintiff was not required to constantly observe the floor and that store displays could distract her. Previous case law supports the notion that shoppers are drawn to displays, which must be considered by the storekeeper. Thus, the trial court's ruling that the plaintiff was not contributorily negligent was upheld.
Appellants argue that the trial court incorrectly awarded $23,000 in general damages to plaintiff Mary, who was 66 years old and in good health prior to her accident. After the incident, orthopedic surgeon Dr. William Akins examined Mary and reported mild crepitus in her left knee, with complaints of pain in both knees but no swelling or instability. X-rays revealed no bony abnormalities. Dr. Akins diagnosed soft tissue injury to her knees, predicting a recovery period of 12-18 months and recommending physical therapy, which Mary underwent for two weeks with limited relief.
On August 30, 1982, Mary suffered a right foot and ankle injury when her left knee gave out. Dr. Akins linked this injury to instability from the May fall and noted a fracture in the fifth metatarsal of her right foot during a September examination. He assessed significant pain and swelling in the foot and anticipated healing within two months. While Mary reported weakness in her left knee, Dr. Akins found no swelling or instability and observed improved conditions in subsequent visits, although she experienced recurring pain and crepitus in her left knee by February 1983. He administered a cortisone injection for pain relief but noted potential for future arthritic degeneration. X-rays indicated satisfactory healing of her foot fracture, with full mobility but some swelling and a ganglion observed in her ankle, yet no ligament damage was found.
Dr. Akins' final examination of Mary on May 11, 1983, revealed persistent knee pain, particularly when climbing stairs or sitting for extended periods, but no swelling or instability in the knees. Crepitus was noted during motion. The right foot's fifth metatarsal was non-tender, and a ganglion present had decreased in size. Dr. Akins concluded that Mary's injuries would not lead to significant future degenerative changes and did not anticipate surgery for her knees.
On December 23, 1983, Dr. Norman P. Morin examined Mary at the defendants' request, documenting her complaints of knee and right foot pain. He observed a 7° bilateral tibial bowing deformity, mild crepitation in the knees, and tenderness at the base of the fifth metatarsal, with X-rays indicating a healed fracture. Dr. Morin assessed a 5% partial permanent disability for each knee and a 3% disability for the right foot.
At trial, Mary testified that her injuries hindered her social activities and required help with housework due to knee pain. She expressed ongoing discomfort and decreased mobility since her initial fall in May 1982. The court noted that it would not overturn the jury's general damages award unless there was an abuse of discretion. Considering Mary's limitations and the impact of her injuries, the court found the $23,000 award generous but within reasonable bounds of the evidence. Consequently, the trial court's judgment in favor of Mary and her husband against Market Basket Stores, Inc. and Cherokee Insurance Company was affirmed, with the defendants responsible for the appeal costs.
Conflicting evidence existed regarding the number of strawberries on the floor at the time of the fall, with Mary claiming 15 to 25 strawberries and employees stating only one was found, but it was agreed that at least one strawberry caused her slip and fall.
