Beginning on November 14, 2022, Lori Korth and Bill Lewis represented Hy-Vee, Inc. before a jury in Clay County, Missouri. In the case of Lisa J. Raley v. Hy-Vee, Inc., Plaintiff alleged she slipped and fell in liquid on the floor in the bread aisle of Hy-Vee’s store located in Liberty, Missouri. Plaintiff alleged injury to her right elbow and aggravation of her low back, hips, and body as a whole. Hy-Vee presented evidence that it did not have notice of the liquid on the floor of its store and that the spill could not have existed for a sufficient length of time to allow employees to have discovered it. Hy-Vee also contested the cause and extent of Plaintiff’s alleged injuries and damages. Hy-Vee presented evidence and argument that Plaintiff’s injury was limited to a contusion to her right elbow, which healed, and that her complaints to her back, hips, and body were a result of pre-existing conditions and unrelated to the fall.
The jury returned a verdict assessing 0% fault to both parties and awarding nothing to the Plaintiff. Ultimately, the jury agreed that Hy-Vee was using ordinary care and had no notice of the spill that caused Plaintiff’s fall.
Beginning on November 29, 2022, Lori Korth and Terry Evans represented Hy-Vee, Inc. before a jury in Gentry County, Missouri. In the case of the Estate of Jean M. Hopkins v. Hy-Vee, Inc., Plaintiff Jean Hopkins alleged she tripped on the corner of a wooden pallet in the Hy-Vee store located in Albany, Missouri. There was a bin of watermelons on top of the pallet. The bin was not the same shape as the pallet, and the bin had warning signs printed on the corners stating “Watch Step.” Plaintiff contended that the warning was insufficient and that the design, which included corners of the pallet protruding from the bin, were not reasonably safe. Plaintiff Jean Hopkins sustained a fracture to her femur which required surgery. After the surgery, Plaintiff Jean Hopkins was admitted to a rehab unit of the hospital. She died approximately three weeks after the fall from unrelated causes. Hy-Vee contended that the display was reasonably safe, that the warning sign was sufficient, and that Plaintiff Jean Hopkins failed to keep a careful lookout.
The jury returned a unanimous verdict assessing 0% fault to both parties and awarding nothing to the Plaintiff.