Unanimous Defense Verdict for Major Supermarket Chain The Vons Companies
March 2, 2010
Jury Delivers Unanimous Defense Verdict
An East County San Diego Superior Court jury recently reached a unanimous verdict declaring that The Vons Companies, Inc. were reasonable in the maintenance of their Spring Valley store property, in response to allegations of safety-related negligence by Plaintiff Robbyn Kuykendall. The case concluded victoriously for both the major supermarket chain, and Murchison & Cumming attorney Jefferson S. Smith, representing the defense.
On May 23, 2008, a day of scattered showers, Kuykendall entered the Spring Valley supermarket wearing flip-flops. She walked past an orange cone located just outside the store's entrance doors, and over a six-foot mat, before slipping and falling almost four feet from where the mat lay.
Kuykendall, who eventually underwent surgery for total knee replacement, contended the store should have placed a warning cone inside the lobby, that the floor mat was worn and saturated, and that the floor was unreasonably slippery.
The defense responded that the store had taken reasonable precautions with the safety measures in place during the time of the incident, and had made repeated inspections throughout the day. A member of the store crew inspected and cleaned the area 10 minutes prior to the incident. The defense also argued that the cone was not necessary because it was obvious foot traffic could cause tracking of rainwater into the lobby entrance, and that the floor was reasonably safe under such conditions.
A key witness providing evidence favorable to the defense came from store customer, Richard Jameson, who witnessed the store conditions shortly after the incident and acted as a Good Samaritan by comforting Kuykendall after her fall. In a somewhat tragic twist, Jameson appeared on February 25 to testify on the conditions of the store's lobby and then died only three days later, due to unrelated causes.
"I was flabbergasted when I learned Mr. Jameson had died. He was an honest man who presented his observations in an articulate manner," said Smith.
Store Manager Tim Bottenberg and Claims Manager Rhonda Naugle played major roles in the proceedings, providing testimony as to the procedures followed in an effort to keep the store safe for customers.
"In speaking with the jurors post verdict, the critical evaluation came down to the integrity of the store manager. In the end, the jury was convinced that [Bottenberg] ran a safe store," said Smith.
Smith described the verdict as providing a well-deserved spotlight on The Vons Companies' thorough implementation of policies and procedures in regards to customer safety.
