Wilson v. AutoZone

$432,000 Verdict

Date of Verdict: Aug. 28.

Court and Case No.: C.P. Philadelphia No. 141000329.

Judge: Karen Shreeves-Johns.

Type of Action: Premises liability, slip-and-fall.

Injuries: Knee injury.

Plaintiffs Counsel: Justin K. Youkey, Spear, Greenfield, Richman, Weitz & Taggart.

Plaintiffs Expert: Norman B. Stempler, orthopedic surgery, Bensalem.

Defense Counsel: Chilton G. Goebel III, German, Gallagher & Murtagh, Philadelphia.

Defense Expert: Craig L. Israelite, orthopedic surgery, Philadelphia.

Comment:

On May 10, 2013, plaintiff Anthony Wilson, 44, slipped and fell on an oil patch outside an AutoZone store in Bristol. He claimed that he suffered injuries of a knee.

Wilson sued AutoZone, its related entities and the store's manager, Steve Cooper. Wilson alleged that AutoZone was negligent in allowing a dangerous condition to exist.

Cooper was dismissed from the suit prior to trial. The case proceeded against AutoZone. During court-mandated arbitration, Wilson was determined to receive $35,051.90, which AutoZone appealed.

Wilson claimed that he first noticed the oil patch upon walking into the store and promptly notified Cooper. Wilson claimed that, 20 to 30 minutes later, he exited the store and slipped and fell on the same oil patch. He claimed that he was carrying his purchased items at the time and was looking for his parked vehicle.

Wilson's counsel faulted AutoZone for failing to remediate the oily substance when it had actual notice of the dangerous condition. Per counsel, the store had sufficient opportunity to remove the substance from its walkway and to erect cones, signs, tape or any other forms of preventative maintenance to alert customers of its presence.

Wilson's counsel also faulted AutoZone for inadequate staffing, as it had only two or three people working on the day of the accident. Counsel asserted that these people were responsible for multiple duties, including serving as cashiers, stocking the store's shelves and overseeing the premises. Counsel also noted that AutoZone had the practice of allowing customers to enter the store with open containers of oil that they were returning.

The defense contended that AutoZone had policies and procedures in place to properly remediate any hazardous conditions and it had properly adhered to those policies and procedures.

The defense asserted that Wilson was negligent. By his own admission, Wilson was aware of the oily substance and yet failed to avoid it when he exited the store. The defense faulted him for not paying attention to where he was walking.

Wilson was taken by ambulance to an emergency room and diagnosed with a tear of the left knee's patellar tendon and a tear of the left knee's medial meniscus. His left leg was braced, and he was discharged with crutches and a walker.

Within a week of the accident, Wilson underwent surgery to repair the patellar tendon tear. His left leg was placed in a cast, which he wore for six to eight weeks, and his leg was then placed in a brace. He treated with four months of physical therapy and followed up with his surgeon, during which time he treated with pain medication. No further treatment was rendered.

Wilson's expert in orthopedic surgery opined that Wilson's prognosis was poor for a complete recovery. The expert testified that Wilson may require surgery to repair his torn meniscus.

Wilson testified that he has continuing pain and limited range of motion in his left leg. This allegedly causes difficulty walking, kneeling, bending, squatting and climbing stairs. He testified that he also has difficulty playing sports, exercising and physically interacting with his children.

Wilson sought damages for past and future pain and suffering.

The defense's expert in orthopedic surgery acknowledged that the trauma Wilson suffered from the fall caused his ruptured patellar tendon, but the expert opined that pre-existing gout contributed to the rupture. The expert opined that there was no causal relation between his meniscus tear and the accident. According to the expert, any ongoing issues are due to Wilson's comorbidities, which, aside from his gout, include obesity.

The jury found that AutoZone was negligent and that its negligence was a factual cause of injury to Wilson. Jurors also determined that Wilson was negligent, but that his negligence was not a factual cause of injury. The jury determined that Wilson's damages totaled $432,000.

This report is based on information that was provided by plaintiffs and defense counsel.

—This report first appeared in VerdictSearch, an ALM publication.