Tampa Bay Publications v. Ginger Watkins

Barbara Newalk was purchasing groceries at a Florida Supermarkets, Inc., Pantry Pride store. She claimed that as she proceeded through the checkout line she slipped and fell on "some kind of substance" which felt slippery and greasy. She immediately heard a crack and felt pain in her right thigh. Thereafter, surgery was performed and a steel rod and screws were implanted. Newalk was out of work for four months, then returned part time, but because of accumulated sick leave lost only several hundred dollars in wages. Florida Supermarkets defended the suit on the basis of fault and offered no contradictory evidence as to the severity of Newalks injuries or the amount of her medical expenses. After Newalk rested her case, the market moved for a directed verdict on liability. That motion was denied. The defendant rested without challenging any medical testimony. Without objection, or reservation, Newalk had placed in evidence past medical bills of $31,861.90.