In the case of Alston-Warner v. Family Dollar, Ms. Alston-Warner filed a lawsuit against Family Dollar, contending she tripped and fell over a hazard in one of the store aisles. In addition to claiming a variety of orthopedic injuries, she contended that she suffered a injury to her mouth, resulting in her needing extraction of teeth, a bone graft, guided tissue regeneration, and surgical removal of some teeth. Family Dollar filed for summary judgment, arguing Ms. Alston-Warner tripped and fell over an open and obvious condition (a large box), she failed to exercise ordinary care, her claim for lost wages was speculative, and that she failed to support her damages claims with expert testimony. The Court ultimately agreed with Family Dollar’s argument that Ms. Alston-Warner tripped and fell over an open and obvious condition and granted total summary judgment for Family Dollar.
November 8, 2022