California jury awarded Kathy Morrow $2.45 million in a slip-and-fall lawsuit against Walmart

Kathy Morrow, an individual vs. Walmart Inc.,
et. al.

• Court: California State, San Diego County, Superior Court
• Case Number: 37-2020-00020399-CU-PO-CTL
• Filed: 16^thJune, 2020
• Judges: Katherine Bacal | Timothy Taylor
• Case Type: Civil – Unlimited
• Cause: Negligence

Parties Involved

• Plaintiff(s): Kathy Morrow
• Counsel for Plaintiff: Jonathan Kwan
• Expert witness for Plaintiff: Brad Peter Avrit |Eugene Michael Vanderpol, MSME, PE, ACTAR | Sanjay Ghosh, M.D., FAANS, FACS | Ali Farhat, M.S.B.M.E | Michael Wang, M.D.
• Defendant(s): CBRE Group Inc.| CBRE Inc. | Walmart Inc.
• Counsel for Defendants: John Kennedy | Andrew N. Kohn
• Expert witness for Defendant: Robert K. Eastlack, MD | Jon Pembroke Kelly, M.D.| John Lieu, M.D., M.S. | Kenneth Solomon, Ph.D., P.E. | Nancy Fraser Michalski, R.N., B.S.N. | Robyn Brinkerhoff Ph.D.

Verdict Information

• Verdict Date: 19^thMarch 2024
• Damages awarded to Plaintiff: $2,454,432.34

1. Past medical expenses: $362,432.34
2. Past non-economic loss: $700,000
3. Future non-economic loss: $1,392,000.

About the Case

Cause

In February 2020, Kathy Morrow exited Walmart Inc.’s store #2253 located at 13487 Camino Canada, El Cajon, CA 92021, after completing her shopping. As Morrow stepped out of the store, she encountered a hazardous pothole in the parking lot, which was allegedly obscured by a shadow.

Consequently, this obscured pothole caused Morrow to lose her footing, leading to a sudden and forceful fall. The presence of the pothole highlights a negligence in the maintenance of the premises by Defendants, Walmart Inc. and other unnamed defendants (referred to as Does 1 to 50).

Despite their duty to ensure the safety of customers, Defendants purportedly failed to adequately maintain the premises, leading to potential premises liability issues. This allowed hazardous conditions like deteriorated parking lot surfaces with potholes to persist, contributing to Morrow’s slip and fall lawsuit. Consequently, this neglectful maintenance directly contributed to Morrow’s slip-and-fall incident and subsequent injuries.

Injury

The impact of Morrow’s fall resulted in significant injuries to her back, limbs, and head. Morrow allegedly suffered from multiple herniated discs as a direct consequence of the fall. These injuries inflicted excruciating pain and limited mobility upon Morrow, requiring immediate medical attention.

Furthermore, Morrow underwent major spinal fusion surgery to address the severity of her injuries. Despite medical intervention, Morrow continues to endure chronic pain and physical limitations, greatly impeding her daily activities and overall quality of life.

Damages

The injuries suffered by Plaintiff resulted in significant damages. These damages include medical expenses, pain and suffering, and other losses stemming from the incident. According to the Courtroom View Network, Plaintiff claimed this incident forced her to undergo major spinal fusion surgery, resulting in hundreds of thousands of dollars in medical expenses and permanent pain. Plaintiff’s attorney did not ask for a specific amount of damages in his opening statement but claimed the subsequent medical treatment Morrow required, including her fusion surgery, left her saddled with over $300,000 in medical bills.

Jury Verdict

The jury awarded Morrow a total of $2,454,432.34 in damages in this slip and fall lawsuit, distributing $362,432.34 for past medical expenses, $700,000 for past non-economic loss, and $1,392,000 for future non-economic loss. Furthermore, they found another business, CBRE Inc., sharing the parking lot to be 35% responsible for Morrow’s injuries due to the hazardous pothole condition, while Walmart was deemed 65% liable for Morrow’s damages resulting from negligent maintenance of the premises.

Court Documents: Available upon request