On January 23, 2023 a Bronx jury agreed that Western Beef Supermarket failed to promptly clean up a clear liquid that was spilled in an aisle causing a 45 year old female shopper to fall onto her back. The supermarket argued that their employees routinely inspect for and promptly clean up any spills. The defense claimed that they neither caused or had prior notice of the spill. The victim was 53 years old at the time of trial and persuaded the jury that the spill was present for an unreasonable length of time and that there were numerous witnesses to her fall, including 4 supermarket employees (one of whom should have timely cleaned up the floor).
The plaintiff claimed that she suffered permanent injuries to her neck, back, shoulder and knee. She underwent 3 cervical and 3 lumbar epidural injections, attended physical therapy and chiropractic sessions without pain relief resulting in her being unemployable. Approximately 3 years after the accident, after exhausting all conservative measures, the plaintiff agreed to surgery to treat the herniated discs in her low back causing pain which was radiating down her leg. An extraforaminal decompression, facetectomy and foraminotomy with fusion from L4-S1 was performed. The jury awarded plaintiff $2,700,000 for 8 years of past and 29 years of future pain and suffering; $4,200,000 for future medical expenses; and, $465,000 for past and future lost wages totaling $7,365,000. Another $160,000 for past medical expenses was added to the verdict by the Court at a hearing on March 23, 2023.The verdict was then settled for an undisclosed lesser sum as evidenced by the filing of a Stipulation of Discontinuance on April 18, 2023. Reaves v Western Beef Props, 2023 WL 3002321