LWC Member Benjamin M. Weston tried a four-day jury trial to defense verdict in May 2017 in Dubuque County, Iowa. Plaintiff, 61-years old, alleged that she slipped and fell on a clementine sample at the Sam’s Club in Dubuque, Iowa while shopping with her sister-in-law on December 31, 2013. She claimed that, as a result of the fall, she tore her medial meniscus, which required surgery and extensive physical therapy. She missed over seven months of work. Plaintiff also claimed that she would need future cortisone injections, a future knee replacement surgery, and that she would be forced to retire four years earlier than she planned because of her knee pain. She asked the jury for just under $1 million in damages during closing argument. Mr. Weston highlighted the store’s impeccable safety record and multilayered safety program. Despite Plaintiff’s fall, the jury agreed that Sam’s Club used reasonable care and found Sam’s Club was not at fault.
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