This case arises out of a slip and fall on liquid at the Hy-Vee located at 18101 W. 119th Street, Olathe, Johnson County, Kansas. On July 15, 2009, at approximately 12:30 p.m., Plaintiff alleges she slipped on water and fell to her knees in an aisle in Hy-Vee in which an open cooler was located. Plaintiff entered an aisle that had chips on the left and snacks and a 25 foot open cooler on the right. The cooler had single drinks of soda, Gatorade, juice, energy drinks and water. Above the area where she fell was an air conditioning vent. She could hear the refrigeration from the cooler. There were no mats in front of the cooler. The tile floor looked slick. She felt herself slip, both feet at once, and she hit her knees first and then fell back. Plaintiff alleged she hurt her back and knees. She was treated for knee contusions and later for back pain.
When she fell, she was looking straight ahead. There was nothing blocking her view of the floor before she fell. After she fell she had no trouble seeing the water on the floor. Plaintiff has no idea how the water got there, how long it was there, nor does she have any information that a Hy-Vee employee caused it to be there. Plaintiff did testify that customers are allowed to carry drinks around the store.
Plaintiff’s medical was riddled with inconsistencies and her subjective complaints did not match up with the objective findings.
Plaintiff asked for an amount of damages of $37,735.89 to $52,735.89. Plaintiff alleged medical in the amount of $5,235.89. The jury entered a favorable defense verdict, finding the plaintiff 0% at fault and Hy-Vee 0% at faul.
