Garria Smith v. Wal-Mart Stores, Inc.

Slip and Fall - Personal Injury - On August 24, 1993, 20-year-old Ms. Smith went shopping at the
Pikeville Wal-Mart with her husband and infant child. While
pushing a shopping cart in the domestics department, Smith
suffered a back injury after slipping on a wet, blue liquid
believed to be a melted Icee (also referred to as a Slushee or
Slush Puppie). Smith testified that she did not see the spill
before she fell, and had no idea how long the spill had been on
the floor prior to slipping on it. Wal-Mart employee Katrina Hall
testified that she had been through the same aisle within five to
ten minutes before Smith fell, and that she had seen no spill on
the floor at that time. Ms. Smith, who was pregnant at the time
of her fall, sought medical treatment for her back problem in
March of 1994, following the birth of her second child.

The jury returned a verdict finding Wal-Mart at fault for Smith's injuries and awarded damages in the amount of $52,071.30. The trial court reduced the award to $50,000 because Plaintiff, in an effort to avoid removal to federal district court, had earlier stipulated her damages did not exceed that amount.

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Reversed by the Court of Appeals and reversed again by the Supreme Court of Kentucky. See: ___ S.W.3d ___ (Ky. 12-16-1999). Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.