Lori Korth and Terry Evans represented Hy-Vee, Inc. in the case of Sheryl Bevill-Stratton v. Hy-Vee, Inc. before a Boone County, Missouri jury in June 2022. In this case, Plaintiff alleged her leg was lacerated due to the placement of a metal price sign in the garden center. Plaintiff alleged the sign must have been jagged or sharp to cut her leg. Plaintiff alleged that the sign was protruding into the walkway. Plaintiff argued that the placement of the sign and the display area of Hy-Vee’s garden center was not reasonably safe.
Hy-Vee contended that, upon inspection, the sign was not sharp and that the walkway of the garden center was clear of any obstructions or hazards. The sign was located behind product in the garden center, and Plaintiff only came into contact with the sign when she was stepping into the product display area.
Plaintiff’s injury was a laceration to her left leg that was slow healing and left a scar. Plaintiff did not present evidence of any economic damages. Hy-Vee did not dispute Plaintiff’s injury but argued the sign was open and obvious and the garden center was reasonably safe.
The jury unanimously returned a verdict assessing 100% of fault on Plaintiff for the accident.