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Woman awarded $1.25 million in grocery store lawsuit

Posted to: News Norfolk


NORFOLK

A jury awarded $1.25 million last week to a woman who slipped in standing water at a Food Lion store.

Eloise Carroll fell as she walked in the freezer section of the store at 1859 E. Little Creek Road in September 2005, according to the lawsuit she filed in Norfolk Circuit Court.

Her lawyer, Robert L. Mills, said the water came from condensation from freezer doors that had been open during restocking. Carroll ruptured a disc in her spine when she fell, Mills said, keeping her from performing her job as a support assistant for physically disabled people.

Carroll sought treatment and eventually had surgery because of the injury, Mills said.

A jury returned the verdict on April 11 after a two-day trial.

"The result will make a big difference in this woman's life," Mills said Thursday.



It's not enough money..

I received a 400K settlement from a car accident that left me in pain every minute of every day of my life. My medications for pain are $1,000.00 a month, my health insurance that I have to pay for since I can't work is $800 a month and goes up every year. The lawyer took 40% off the top plus expenses so I actually only got $190K. I was 37 years old when this happened and since it didn't happen on the job, I am not eligible for worker's comp or social security benefits. How much of the settlement do you think is left after 13 years? Yet I am in pain with every breath I take because of a drunk driver--how much would you charge to be in my place? I'd give every penny back 3 times over to be able to spend the rest of my life without being in constant pain.

I've Fallen

I have to laugh about the level of moronic extrapolations being shown here. $1.25 Mill. is nothing compared to the life time of suffering both physically and monetarilly she'll have to endure. And to think, this all would have been avoided had the part-time, minimum paid employee been instructed, very simply, to have a warning placard along with the items that were being restocked. Plus, I don't want to burst anyones bubble ... but, I find that Food Lion's out dated retale and sales items never have been the cheapest in this area, anyway. As far as frivolous ... YES, you all are (from what I've read so far). Thank You!

You can always tell when the economy

Is taking a header into the toilet, jury verdicts become outrageous, based on the circumstances. Like someone said previously, jury verdicts are the great american lottery. The attorney will morely than likely get 1/2 of the award right off the top, then expenses which will be largely unaccounted for, then any unpaid and run up medical bills for the lawsuit. The plaintiff will then be lucky to see 1/3 of her award. And once again, the only one making any money is the attorney. And as usual, juries just don't get it, that the only ones that really get punished are the end users, the consumers. And those things called personal accountability and responsiblity and paying attention to your surroundings, guess those are just pipe dreams and novel ideas.

chesapeake girl

You are 100% correct, no $$ out of Food Lion's pockets, just ours (or those who shop there).

Food Lion has insurance...

Food Lion surely carries a commercial premise liability policy, and is no-doubt what will be paying for this settlement. With that said, in the long run, it is the consumers who will pay. No doubt the premiums for Food Lion's insurance will be adjusted at some point which in turn will mean an adjustment in their prices---which of course will be passed on to their patrons.

This is amazing

My mom slipped on trash on the floor at Phar-Mor (sp?) years ago and broke her arm. The manager told her to go straight to the hosptial and they'd take care of it. After she submitted the paperwork, Phar-Mor decided not to pay for it and we couldn't find an attorney anywhere that would take the case without a ton of money down! All she wanted was reimbursement for the medical care! Some people just get rich on manipulating the law, where others won't get ANYTHING because they can't afford the right representation. I hate that justice is for sale these days...

shoes

They should go after the shoe company next for making shoes with rubber soles. I bet if her shoe soles were not rubber she would not have slipped.

I am surprised the defense lawyers could not prove any kind of contributory negligence on behalf of Ms. Carroll. I guess if you cannot accomplish the American dream the old fashioned way by working, you can just sue a large corporation and live happily ever after.

Punitive Damages???

This looks like a negligence claim to me. Certainly not the type of case that punitive damages were even available in. She probably received compensatory damages based on the grocery store's duty of care towards her as a customer.

such venumous comments

You people are just jealous that you haven't got the money coming into your pockets. This woman has suffered in a tremendous way. Back pain is not something that is fun to endure. If you have never had it then you don't know what you are talking about. Yes, I do have back pain and it is absolutely unbearable without pain meds.
This woman will suffer from this for the rest of her life and while I don't agree with the dishonest lawsuits out there, ie. the McDonalds coffee, etc., I agree with this particular one. Yes, most of us look at the shelves when we are shopping since the food we are looking for is not, to my knowledge, found on the floor. What a silly statement to say. I wouldn't be a bit surprised if this injured lady wouldn't trade the money for a healthy and painfree life in a heartbeat. Try to be reasonable and compassionate people.

Quick to Judge

Some seem awfully quick to judge the injured woman,her lawyer and the jury very little information. You may not believe in punitive damages but do you believe in compensatory damages? It looks to me like this was all compensatory, not punitive damages. Try being hospitalized and undergoing back surgery. Add on the costs of rehabilitation and future medical expenses and see how much of this verdict is already owed to medical providers or will be needed to pay predictable future medical bills.

We Pay

The lawyer, Robert L. Mills, will receive at least 40 percent plus expenses from this suit. This will be more than a $500,000 take. Also, how do you think the Pilot got this story? I would bet it was from a phone call from Mr. Mills. Nothing like free advertisement to drum up more slip and fall claims. Food Lion will eventually pay something and in return increase their cost of services to us. Until our ignorant Jury system realizes that a lawsuit is not a lottery ticket then our cost as a consumer will continue to rise.

The great American lottery.

The whole concept of punitive awards is abhorrent to me.

We have more lawyers (and lawyer lobbyists) per capita, than any other nation in the world, and it shows.

This is what happens in a Country with too many lawyers, and a populace weaned on daily TV ads exhorting you to "tell them that you mean business!"

The great American lottery....a good lawyer, and a "bleeding-heart" jury.

Another case for personal responsibility

Right out the window... it is always someone else's fault. We are becoming a nation of victims, with a huge entitlement complex. Burned by coffee is McDonald's fault; getting fat is Burger King's fault; trespassing on railroad tracks and getting hit by a train is CSX/Norfolk Southern's fault... The list goes on.

You are responsible for your own action, inaction, and bad decisions. But, that does create "experience."

It will make a difference in other lives too

It will sure make a difference in the lives of all the people they have to fire to cover that loss.

Floors

Stores are suppose to put out warning cones when there are slippery floors. If the woman isn't trying to defraud then I think she got what she should have gotten.

Especially if the employees did not take action to alert the customers of the conditions of the floor before cleanup.

Look down where you're walking?

How many people do you know stare at the ground as they're walking, especially in a grocery store where they are more than likely looking up at the food on the shelves. Personally, if I were injured because of someone else's carelessness, I would want to be compensated for the medical bills, the pain and suffering, and loss wages from the job that I can no longer do. Next time you slip and injure your back, request this lady's lawyer.

$1.25 million may seem like

$1.25 million may seem like a lot, but the lawyer took probably $400,000 from the start. The rest is for future doctor bills and lost wages. Depending on her age and what she was making before her injury, $800,000 doesn't go very far if she is young. If she made $30k a year and had 30 years left to work before retirement, that's $900k right there.

This story will have many low life people trying to get over on the system by having "accidents" and get a check for life.

smell test

"Her lawyer, Robert L. Mills, said the water came from condensation from freezer doors that had been open during restocking. "

Don't past the smell test>

What? You''ve got to be kidding.

I, too, have injured my back and I, too, have had a slipped disc for the past 13 years...I know for a fact that a little naproxen and exercise will help the situation a lot...but $1.25 million? The medical bills certainly don't add up to that amount. IMO, just another frivolous lawsuit...next time, look down where you're walking...It's amazing how those "ambulance chasers" just keep raking in that money and the cost is passed onto the rest of the consumers.


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