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December 2006 Archives

December 11, 2006

Rivera v. Belk

Directed verdict following slip and fall at Belk

Facts: Plaintiff was a customer at a Belk department store in Thomaston, GA when she fell allegedly after getting her feet caught on a cloth covering a display table. The primary liability issues were whether the table cloth was negligently placed and, if so, whether the plaintiff had equal knowledge of the purported hazard.

Alleged injury/damages: Comminuted wrist fracture with surgery. Plaintiff claimed $29,557.42 in medical expenses.

Last offer/Last demand: Plaintiff demanded $130,000. Belk offered $10,000.

Result: Directed verdict for Belk

Court: Superior Court of Gwinnett County, Georgia

Attorneys: Bill Casey and Erica Morton for Belk; James Creasy for plaintiff