Scott Monge Wins Slip-and-Fall Case

by admin on October 7, 2010

A slip-and-fall case netted a $400,000 verdict for a man who injured his shoulder when he hit the floor after sliding in a puddle of yogurt at a College Park Kroger in February 2007.

Plaintiff’s attorney Scott G. MONGE admitted that he was pleasantly surprised at the size of the award handed down by a Fulton County jury last month.

“Based on our research of Georgia cases, we have been unable to find a verdict for any amount higher involving a rotator cuff tear of Kroger as a defendant”, said MONGE, who represented  52-year-old Karey Chambers along with Todd R. Henningsen and Aaron L. Michelman, all of MONGE & Associates.

MONGE said Chambers, a truck driver, has been unable to work since the fall and has undergone two surgeries since the accident, with medical bills totaling $58,000. Video cameras at the grocery store captured an employee walking past the spilled yogurt several times before Chambers fell, said MONGE. He added that the camera did not catch footage of the actual accident.

The defense portion of the pretrial order does not dispute the facts of the case but counters that Kroger “exercised ordinary care” and that “any injuries or damages allegedly sustained by the plaintiff were the direct and proximate result of a pure accident.”

The case went to mediation but could not be resolved, said MONGE. Prior to trial, the plaintiffs demanded $385,000 to settle, but Kroger never raised its offer of $15,000, he said.

“At the outset during voir dire, Judge Roth noted that it looked like we had a tough jury pool with potential jurors saying things like, ‘the customer is usually at fault’. We ultimately were able to strike some jurors for cause,” he said, “but we still had great concerns about the panel.”

On Jan. 29, the jury awarded Chambers $400,000.

The case is Chambers v. The Kroger Co., No. 08EV005981A.

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