Trial Magazine

As Kathy Morrow, 58, returned to her car after shopping at a Walmart Supercenter, she tripped over a pothole in the parking lot, suffering a herniation at C4-7. She required three-level fusion surgery and continues to suffer minor pain. Her past medical expenses were approximately $362,400.

Morrow sued Walmart Inc. and the property manager, alleging negligence and premises liability. The plaintiff claimed that the defendants failed to timely repair the pothole, which had been there for approximately two years, and that failure to do so violated their own policies and procedures.

The jury awarded $2.45 million, apportioning fault at 65% to Walmart and 35% to the property owner.

Citation: Morrow v. Walmart Inc., No. 37-2020-00020399-CU-PO-CTL (Cal. Super. Ct. San Diego Cnty. Mar. 25, 2024).

Plaintiff counsel: Jonathan Kwan, Irvine, Calif.

Plaintiff experts: Brad Avrit, safety engineering, Marina Del Ray, Calif.; and Michael Wang, radiology, and Sanjay Ghosh, neurosurgery, both of San Diego.

Defense experts: Nancy Fraser Michalski, medical billing, Los Angeles; Robert Eastlack, orthopedics, San Diego; Jon Kelly, orthopedics, Carlsbad, Calif.; and John Lieu, radiology, Newport Beach, Calif.