Jury Verdict Submission & Research

On July 9, 2012, plaintiff Deborah Revette was a customer at Dollar General Store No. 7853 in Mobile, Alabama, when she slipped and fell in clear, liquid laundry detergent that was on the floor in the chemical aisle.  She suffered severe leg and shoulder fractures that resulted in eight surgeries, 395 doctor visits, over $470,000 in medical bills, and permanent disability.

On Jan. 23, 2013, plaintiff filed a premises liability action against defendants Dollar General Corp. and store manager Shelley Smith in the Circuit Court of Mobile County, AL. Dolgencorp, LLC, later substituted as the proper defendant, filed a motion for summary judgment on Sept. 24, 2013, claiming that it had no actual or constructive knowledge of the presence of the detergent on the floor. Defendant alleged that an employee had inspected the area 15 minutes before plaintiff’s fall and found no detergent present. Judge Michael Youngpeter denied the motion on Dec. 20, 2013. Smith was voluntarily dismissed on Aug. 12, 2014.

On Sept. 16, 2014, Defendant filed a motion in limine to exclude all testimony and evidence of other slip-and-fall incidents. The court denied the motion on Dec. 22, 2014. The initial trial in this case began on March 30, 2015. The jury could not reach a unanimous decision, and a mistrial was declared. The second trial of this case began on April 4, 2016. After the close of evidence, the court determined that it was error to admit other slip and fall incidents that had occurred at Dollar General stores other than where plaintiff’s incident occurred. This resulted in the Court declaring mistrial of the second trial of this case.

The action proceeded to a jury trial before Judge James C. Wood. Plaintiff argued that while Dollar General stores are open 14 hours a day, their corporate policy only required employees to devote 10 minutes each day to informal and undocumented safety inspections.  Plaintiff also presented expert testimony comparing Dollar General’s practice to the practices of other retailers in and around Mobile County to show that Dollar General’s practice was unsafe and unacceptable. Defendant argued that its inspection policies required an inspection of the entire sales floor three times per day, at 8:00 a.m., 12:00 noon, and 5:00 p.m., and to record these inspections in a “Daily Planner.” Defendant also claimed that it utilized a recovery procedure, which involved employees walking through and examining the entire store every hour on the hour between 10:00 a.m. and 4:00 p.m. to ensure merchandise was in its proper place, that no merchandise was on the floor, and out-of-place merchandise was returned to its proper location. On Sept. 21, 2016, the jury reached a verdict awarding plaintiff $1,725,000.

Plaintiff was represented by Robert L. Mitchell and Lucy E. Tufts of Cunningham Bounds, LLC. Dollar General was represented by Matthew D. Miller of Copeland, Cook, Taylor & Bush, P.A. Mr. Mitchell commented that “The evidence proved that Dollar General’s safety policies are inadequate and outdated.  Our hope is that the jury’s verdict will motivate the company to implement changes that will make its stores safe for all customers.  Deborah’s injury was a preventable injury that, unfortunately, has dramatically changed her life.”

Lexis Advance subscribers can view the full summary, including expert information, here: Deborah Revette v. Dolgencorp, LLC, d/b/a Dollar General and Shelley Smith; 2016 Jury Verdicts LEXIS 7077

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