Martha Sumrall vs. Hobby Lobby

Case Background

On April 20, 2021, Plaintiff Martha Sumrall filed a Slip and Fall lawsuit in the Mississippi State, Pike County Civil Court(Case number: 1:21cv101). Judge David H. Strong, Jr. presided over the case.

Cause

On February 5, 2019, Martha Sumrall visited the Hobby Lobby store in McComb, Mississippi, with the specific purpose of finding cake coloring for making a King Cake, a traditional Mardi Gras dessert. She made her way to the cake decorating aisle, where she carefully examined the available food coloring options. After selecting three colors that suited her needs, she prepared to leave the aisle.

As Sumrall turned to exit, her foot came into contact with a small, inconspicuous piece of cellophane on the floor. This seemingly harmless object, approximately 4 inches long and shaped like an icing cone, caused her to lose her footing. The sudden loss of traction sent her sliding across the aisle, resulting in a dramatic fall. Sumrall’s momentum carried her forward, causing her to collide face-first with the shelving units lining the aisle. During this impact, she struck both her hand and shoulder against the hard surface of the shelves.

After the fall, as Sumrall gathered herself and assessed the situation, she made a startling discovery. Upon closer inspection, she noticed not just the piece of cellophane she had slipped on, but three additional pieces of similar cellophane icing bags scattered across the floor. This observation led her to conclude that these remnants likely originated from a broken package of icing bags that had dispersed its contents across the aisle.

Injuries

The fall at Hobby Lobby resulted in several injuries for Martha Sumrall, varying in severity and long-term impact. The most significant injury was an aggravation of a pre-existing shoulder condition, which would have lasting consequences and necessitate further medical intervention.

In addition to the shoulder injury, Sumrall experienced considerable pain in her neck and back. These secondary injuries were attributed to the twisting motion her body underwent during the fall. The combination of the impact and the unnatural movement placed significant strain on her musculoskeletal system, leading to persistent discomfort in these areas.

The immediate effects of the fall, including potential bruising, swelling, and acute pain, likely caused Sumrall considerable distress in the short term. However, it was the lingering effects of the aggravated shoulder condition, along with the neck and back pain, that required ongoing medical attention and impacted her quality of life in the months following the incident.

Damages

The damages in this case extended beyond immediate medical expenses. Sumrall likely experienced pain and suffering, loss of enjoyment of life, and potential lost wages or diminished earning capacity due to her injuries. The need for ongoing medical care, including shoulder surgery and pain management treatment, resulted in substantial medical bills and related expenses.

Additionally, Sumrall may have required assistance with daily activities during her recovery period, leading to costs for home care or support from family members. The long-term implications of her injuries, particularly the shoulder condition, could potentially affect her future ability to work or engage in activities she previously enjoyed.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Martha Sumrall
    • Counsel for Plaintiff: Yancy B. Burns | Shanda M. Yates
  • Defendant(s):Hobby Lobby
    • Counsel for Defendants: Chad C. Marchand| Pemble DeLashment | Keith B. Franklin

Claims

Sumrall filed a Slip and Fall lawsuit against Hobby Lobby, alleging negligence in maintaining the store premises. She cited the scattered cellophane icing cones in the aisle as evidence of unsafe conditions and sought general damages from a jury award.

Hobby Lobby denied having notice of the hazardous condition. They argued that Sumrall hadn’t seen the cellophane before falling and couldn’t prove how long it had been there. The store claimed they hadn’t created the hazard and that employees conducted regular safety sweeps. However, Sumrall countered that a key employee couldn’t recall when these sweeps occurred. Hobby Lobby also attempted to shift fault to Sumrall or an unidentified non-party.

Defense

Hobby Lobby defended against Sumrall’s claims in the Slip and Fall lawsuit. The company denied having any prior notice of the hazardous condition in their store. They pointed out that Sumrall herself hadn’t seen the cellophane before her fall, arguing this demonstrated the difficulty in detecting such a small object. Hobby Lobby emphasized that Sumrall couldn’t prove how long the cellophane had been on the floor or how it got there, asserting that they hadn’t created the hazard themselves.

To bolster their defense, Hobby Lobby claimed their employees conducted regular safety sweeps of the store. However, when Sumrall’s legal team questioned a key store employee about these sweeps, the employee couldn’t recall specific times they were performed. Further, Hobby Lobby also sought to shift blame, arguing that if any fault existed, it should be apportioned to either Sumrall herself or to an unidentified non-party “participant.”

Jury Verdict

On September 18, 2024, the jury rendered a verdict in favor of the defendant and determined 100% fault on Sumrall’s part in a Slip and Fall lawsuit.

Court Documents:

Available Upon Request