Moss v. Kentucky Oaks Mall

Case Background

Dennis Moss filed a premises liability lawsuit against Kentucky Oaks Mall after he slipped on a puddle in a mall bathroom and suffered both a postconcussive syndrome and the aggravation of degenerative cervical and lumbar conditions. The lawsuit was filed in the McCracken County Courthouse, Kentucky. Judge Joseph Roark presided over the case. [Case number: 20-583]

Cause

Dennis Moss, 60, visited Kentucky Oaks Mall in Paducah on January 14, 2020. While in the bathroom, he stood up from a toilet stall, took two steps, and slipped in a puddle of water, landing face-first.

A nearby patron using the urinal heard the impact and described the sound as a loud “smack.” He later stated it sounded like someone might have faked a fall.

After the incident, others helped Moss walk out of the bathroom. Initially, he was unsure what caused him to fall. A security guard investigated and found a puddle of water inside the stall Moss had used. In a deposition, the guard described the puddle as “football-sized,” but at trial, he recalled it being much smaller, about the size of a dollar bill. He also noted that the water was not near the toilet but instead under the toilet paper dispenser.

Injuries

Moss received treatment at Baptist Hospital in Paducah, where doctors evaluated him for multiple injuries. He underwent an MRI and other tests.

Since the fall, he has reported three main injuries. First, he suffered a mild traumatic brain injury and post-concussive symptoms that lasted about six months. These issues affected his memory, concentration, and sleep.

He also claimed the fall aggravated pre-existing degenerative cervical conditions, leading to persistent chronic pain.

Damages

Moss sought both special and general damages in this premises liability lawsuit. He sought $2,000,000 for pain and suffering. His medical expenses totaled $492,685. The projected cost for future medical care was $564,102.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Dennis Moss
    • Counsel for Plaintiff(s): Kelli Lester | Lauren Marley | Andrew K. Asbridge | Dion Moorman
  • Defendant(s): Kentucky Oaks Mall
    • Counsel for Defendant(s): William E. Pinkston

Claims

Moss sued Kentucky Oaks, claiming it acted negligently by failing to notice or clean up the spill. He argued the mall did not exercise reasonable care.

Surveillance footage showed a custodian in the bathroom minutes before Moss fell. However, no evidence confirmed the custodian cleaned anything or conducted an inspection as required by mall policies.

Moss’s strongest evidence came from the security guard, who initially described the puddle as football-sized but later recalled it being much smaller at trial.

Defense

Kentucky Oaks challenged the claim that Moss slipped on a puddle.

Although a security guard noticed a small “spot of water,” it measured only six by three inches. The defense suggested Moss may have stubbed his toe or, as one witness speculated, faked the fall.

The mall also argued that it took reasonable steps to maintain safety. The bathroom had undergone its regular deep cleaning the night before the incident.

Jury Verdict

The trial lasted three days. To win, the plaintiff had to prove four key points: a liquid substance was on the floor, it played a major role in Moss’s fall, the floor was not reasonably safe, and the mall either knew or should have known about the hazard.

After outlining these requirements, on February 6, 2025, the jury was asked if Kentucky Oaks was at fault. It answered yes. The jury also rejected any claim that Moss was partially responsible for the fall.

Regarding damages, Moss received the full amount of his medical expenses and $345,071 for future care. The jury awarded an even $1,000,000 for pain and suffering. The total verdict was $1,837,756 in this premises liability case.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com