RPS Partner who tried case: Michael J. Pitzer
We represented: Dierbergs Markets, Inc.
Venue: St. Louis County Circuit Court
Facts:
This was a slip and fall in defendant’s grocery store which occurred as the plaintiff walked through defendant’s self-checkout area. Plaintiff claimed that there was a “slippery substance” or residue on the floor of defendant’s store, but could not describe it further. Our defense was based upon the fact that the manager of the store and others did not find any substance on the floor and none could be seen on inspection. We pointed out that the plaintiff was wearing a shoe with a pump type shoe with a small, leather heel about the size of a quarter, which could have caused her fall. We also successfully invoked Section 490.715 of the Missouri Revised Statutes to limit the evidence of plaintiff’s medical and expenses to the amounts paid by insurance, thereby successfully reducing plaintiff’s damages as to medical bills in the amount of $15,811.00 to $10,128.00.
