Author:
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Date:
September 8, 2025
SAKG obtained another unanimous defense verdict for a regional grocery retailer in a premises liability case. The case was tried to a jury in the United States District Court for the District of Kansas.
The case arose from a trip and fall incident at one of our client’s convenience stores in December 2022. After she pre-paid for gasoline and was returning to her car, the plaintiff tripped when her foot struck the corner of the “dog boned” shaped fuel island adjacent to her car. The plaintiff contended the fuel island created a “dangerous tripping hazard” because, among other things, the island “protruded into the walking path of customers,” it was not painted a “contrasting color sufficiently distinct enough from the color of the parking lot pavement to alert customers of its existence,” and its design did not “meet industry standards” and violated “the [applicable City’s] adopted codes and ordinances.”
The plaintiff sustained several injuries including a fractured left patella resulting in open reduction surgery with screws and pins, a laceration of
the forehead, and deep vein thrombosis. The plaintiff’s left knee was replaced the following year, and she contended this procedure was also necessitated by the December 2022 incident. The plaintiff sought $230,000 in past medical expenses, $731,079 in future medical expenses, and $3 million in past and future non-economic damages. The plaintiff retained and presented testimony from four expert witnesses to support her claims and alleged damages.
Our client disputed liability as well as the causation and severity of the plaintiff’s alleged injuries. SAKG did not present testimony from any expert witnesses at trial.
The jury unanimously agreed with our client and assessed no fault to either party, thus resulting in a complete defense verdict. You can view a copy of the verdict form here.
