Date: 06-23-2004

Case Style: Francis Abshire v. Super C Mart, Inc.

Case Number: CJ-2003-455

Judge: Lee Card

Court: District Court, Carter County, Oklahoma

Plaintiff's Attorney:

Mark H. Colbert, Ardmore, Oklahoma

Defendant's Attorney:

Devan A. Pederson of Elliott & Associates, Oklahoma City, Oklahoma

Description:

Slip and fall / trip and fall / grocery store / premises liability - Plaintiff alleged that upon exiting the grocery store his foot slipped off of the ramp leading to the parking lot. The ramp led from a five inch curb down to the parking lot. Plaintiff alleged that the ramp should have had rails and that the store's exit door opened in such a way as to lead customers onto a steep slope on the side of the ramp instead of onto the middle part of the ramp. Plaintiff, an elderly man, suffered a broken hip and accumulated extensive medical bills.

Defendant claimed that any danger associtated with the ramp was open an obvious and pointed out that the ramp was outlined with bright yellow paint and that the plaintiff had been up and down this same ramp on numerous occasions. Plaintiff admitted on cross examination that he was in a hurry.

Plaintiff's counsel argued in closing that the store should bear the burden of the plaintiff's medical bills and that the ramp looked like it had been slapped together unprofessionally.

Outcome: Defense verdict. Jury assessed negligence of defendant at 30% and of plaintiff at 70%.

Plaintiff's Experts: Treating orthopedic surgeon testified by video.

Defendant's Experts: None.

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