Indiana Jury Returns Defense Verdict in Slip and Fall Lawsuit Against Circle K Convenience Store

Biro v. Mac’s Convenience Stores, LLC. d/b/a Circle K

Case Background

A premises liability lawsuit was filed against Mac’s Convenience Stores, LLC. d/b/a Circle K for a slip and fall that occurred near the handicapped parking space and resulted in a broken femur. The case was heard in the Indiana Marion County Superior Court. Judge John F. Hanley presided over this case. [Case number: 49D11-1912-CT-50159]

Cause

In the late afternoon of August 26, 2019, Denise Biro visited the Circle K convenience store at 4221 South Emerson Avenue in Indianapolis. She parked her vehicle near the rear of the building, close to the handicapped parking space.

After exiting her car, Biro walked towards the store. It had rained nearly half an inch in the previous 24 hours, leaving the pavement wet. As Biro crossed the handicapped parking space, she slipped and fell. At that moment, the store manager, Tammy Teed, was leaving for the day. Although Teed did not see Biro fall, she noticed Biro lying on the ground near the handicapped parking space. Teed quickly went to Biro’s aid. Biro complained of pain in her hip. Teed called an ambulance, promptly arriving and transporting Biro to St. Francis Hospital.

Injury

As a result of the fall, Biro fractured her femur and needed surgery. Additionally, she received a permanent partial impairment rating of 11% to her overall body.

Damages

Biro sued Mac’s Convenience Stores, LLC, operating as Circle K, seeking both general damages for her medical expenses and special damages. Additionally, her husband, George Biro, filed a separate claim for his loss of consortium.

Key Arguments and Proceedings

Legal Representation

• Plaintiff(s):  Denise Biro | George Biro
  • Counsel for Plaintiff(s): Michael W. Phelps
  • Experts for Plaintiff(s): Dr. Robert Gregori | David Collette

• Defendant(s): Mac’s Convenience Stores, LLC. d/b/a Circle K | Jared Marr 
  • Counsel for Defendant(s):  Michelle L. Casper
  • Experts for Defendant(s): Dr. Arthur Lee | George Wharton

Claims

Biro claimed that Circle K had repainted the handicapped parking space less than a month before the incident. A contractor named Jared Marr completed the job. Biro alleged that Marr did not mix aggregate into the paint. Biro believed that omitting the aggregate made the painted surface slippery when wet. This, she argued, led to her slipping and falling on the rain-soaked surface, causing her injury.

Defense

Circle K defended the case by challenging both the nature and extent of Biro’s injuries. The defendant also argued that Biro’s own fault contributed to the incident.

Expert Testimony

Biro’s experts included Dr. Robert Gregori from Physical Medicine in Indianapolis and David Collette from Walkway Safety in Loveland, Ohio. Collette opined that by accepting Marr’s paint job, Circle K had breached industry standards for walkway safety.

The defense experts included Dr. Arthur Lee, an orthopedic specialist from Cincinnati, Ohio, and George Wharton, an engineering expert from Cleveland, Ohio.

Jury Verdict

The trial for this slip and fall lawsuit lasted three days in Indianapolis. The Indiana jury returned a verdict that cleared Circle K of any fault. Consequently, the jury did not address issues related to fault apportionment or damages. The court then issued a judgment in favor of the defense.

Court Documents:

Available upon request