Valotta v. Ammons Supermarket 

Defense Verdict

Date of Verdict: Jan. 3.

Court and Case No.: C.P. Philadelphia No. 180101437.

Judge: Stella M. Tsai.

Type of Action: Premises liability, slip and fall.

Injuries: Thumb fracture, shoulder injury.

Plaintiffs Counsel: John L. Aris, Lowenthal & Abrams, Philadelphia.

Plaintiffs Experts: Lance O. Yarus, orthopedic surgery, Philadelphia; Stephen B. Wilcox, human factors.

Defense Counsel: Elizabeth Chalik, Kennedys Law, Philadelphia.

Defense Expert: Laurence R. Wolf, orthopedic surgery, Wynnewood.

Comment:

On Feb. 5, 2016, plaintiff Deborah Valotta, in her late 40s, tripped and fell at a ShopRite in Philadelphia. She suffered a thumb fracture and claimed a shoulder injury.

Valotta sued the store owner, Ammons Supermarket LLC, and its elated entity Wakefern Food Corp. Valotta alleged that the store was negligent for allowing a dangerous condition to exist. Valotta was shopping in an aisle when she tripped over a storage bin that had been set on the floor by a store employee working in the aisle. The storage bin was one of many bins that had been in the aisle. Valotta's counsel cited a store surveillance video of the accident to argue that the ShopRite employee was negligent for improperly and unsafely placing the bins in the walkway of shoppers like Valotta.

The defense maintained that Valotta was contributorily negligent. The defense cited the surveillance video to argue that Valotta was well aware of the bins' presence—an open and obvious condition—since she initially walked around the bins as she headed toward a shelf to retrieve a product. After getting the product, instead of exiting where she came from, which was a clear path, Valotta turned to an area where a bin was, and then tripped over the bin. The defense contended that here was no negligence on the part of the ShopRite employee, and that Valotta was clearly negligent for the accident.

On Feb. 11, 2016, six days after the accident, Valotta presented to an emergency room. She complained of pain in her left thumb. She was X-rayed and diagnosed with a fractured thumb. Her thumb was splinted, and Valotta was discharged.

Valotta was ultimately diagnosed with an aggravation of a preexisting shoulder injury and strains and sprains of her cervical and lumbar spine.

Within weeks of the accident, she presented to a chiropractor, with whom she treated for nine months; her treatment consisted of massage and spinal manipulation. During that time, she treated with a pain management specialist who prescribed pain medication; she also underwent MRIs, which showed degenerative changes in her neck and back. She received no further treatment.

Valotta's expert in orthopedic surgery attributed her injuries and treatment to the surgery. The expert stated that Valotta requires future treatment for her shoulder, including injections and surgeries.

Valotta testified that she continues to suffer from pain in her left shoulder. This allegedly interferes with her performing activities of daily living. She sought to recover hundreds of thousands of dollars in future medical costs, plus damages for past and future pain and suffering.

The defense questioned the legitimacy of Valotta's complaints. In her exam with her medical expert, Valotta rated her pain a nine out of 10 and told him that she had difficulty bending over. However, her medical records indicated that 20 days prior to her exam she was bending over, performing yardwork with no trouble.

According to the defense's expert in orthopedic surgery, any injury that Valotta suffered would have been a strain and sprain, which would have resolved within a few weeks. There was no objective evidence that Valotta suffered an aggravation of a pre-existing shoulder injury, the expert opined.

The jury found Valotta 80% liable and ShopRite 20% liable.

This report is based on information that was provided by defense counsel. Plaintiffs counsel declined to contribute.

—This report first appeared in VerdictSearch, an ALM publication