When a 68-year-old woman shattered her kneecap after slipping in Walmart, defense attorneys expected an easy win—ignoring that surveillance footage revealed employees had walked past the water spill without action for 30 minutes. Allison Pritchard and Phil Meinkoth of Olson Personal Injury Lawyers reveal to host Keith Fuicelli how they meticulously built their case, leveraging surveillance footage, strategic witness cross-examinations, and a perfectly calculated damage ask that delivered a $240,000 verdict—exceeding their pre-trial demand by nearly $70,000.
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Episode Snapshot
- The client slipped in a pool of water that had been present for 30 minutes after ice delivery, breaking her kneecap so severely that she permanently lost the lower half of her patella.
- Surveillance footage revealed four Walmart employees walking directly through the area without addressing the hazard.
- The team fought to obtain complete surveillance footage, initially receiving only 5 minutes before securing the full 2 hours that showed the origin of the spill.
- Walmart claimed everyone is responsible for safety but had no enforcement mechanisms, safety sweep logs, or accountability systems.
- The defense's attempt to designate the ice delivery company as a non-party at fault was struck due to the nondelegation doctrine for premises liability.
- The attorneys made a strategic game-time decision to ask for half of their initially calculated damages, increasing their credibility with the jury.
- The jury awarded exactly what was asked for ($240,000 with 25% comparative fault), which exceeded Walmart's final offer of $150,000.
- Effective witness cross-examination turned a likable female Walmart manager into a "victim of the corporation" by highlighting how she lacked tools to enforce safety protocols.
The information contained in this podcast is not intended to be taken as legal advice. The information provided by Fuicelli &
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