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Representative Cases

Enid Amos and Curtis Amos v. Krystal Company, Inc. (slip and fall)

DAMAGES--RUPTURED CERVICAL DISC FROM SLIP AND FALL--$160,350

Sumner County settlement. Plaintiff, a 35-year-old school counselor, arrived at the Krystal Restaurant at 7:30 a.m. for coffee. The plaintiff entered through the north entrance of the restaurant. Abutting the entrance was an aggregate, pebble-rock ramp that gently inclined to the glass door, somewhat like a handicapped entrance. The plaintiff came into the store and immediately noticed that the floor was wet. The custodian, who was mopping the floor, told the plaintiff to be careful. While standing at the register to pay for her food, the plaintiff noticed a white sudsy material next to the mop bucket, which was left between the north and south entrances. The custodian left the floor completely wet and had not finished his dry mopping. The "Wet Floor" sign was placed in the middle of the dining area.

The plaintiff carefully walked out the same entrance, even though she knew that the approach to the south entrance was dry. As she stepped out, she made her way down the pebble rock ramp. Suddenly, she fell on her back. She suffered a ruptured disc at the C-5, 6 level, which was repaired surgically. In addition, she suffered a shoulder injury that required arthroscopic surgery. Her medical bills totaled $40,000.

Plaintiff's expert, a mechanical engineer, testified that the surface of the pebble-rock ramp in front of the entrance was unreasonably slippery, even when dry. He further testified that the plaintiff's shoes, which were flat soled, could easily slide down the ramp when wet. A settlement was reached in the amount of $106,350. Enid Amos and Curtis Amos v. The Krystal Company, Inc., Sumner Circuit, Case No. 4666C, F. Dulin Kelly & Clinton L. Kelly, TTLA, Hendersonville, for plaintiff.

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