Trial Magazine

Verdict and Settlements: Premises Liability

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Failure to place appropriate signage near wet floor

February 2017

As Antonia Bailey, 16, walked toward the drink machines at a McDonald’s, she slipped and fell on the wet floor, suffering a torn meniscus in her left knee. She needed surgery to repair the tear, as well as an additional procedure to address complications that later arose. She now suffers from chronic knee pain, which prevents her from standing or walking for lengthy periods of time. Her medical expenses exceeded $50,000.

Bailey and her mother sued McDonald­’s franchisee Vineyard Industries Inc., alleging failure to place appropriate signage near the drink station to warn customers of the wet floor, which had just been mopped.

The jury awarded about $685,400.

Citation: Bailey v. Vineyard Indus. Inc., No. 2014-SV-1111 (Ga. St. Ct. Rockdale Cnty. Feb. 1, 2016).

Plaintiff counsel: AAJ members Adam P. Princenthal and Matthew T. Wilson, both of Sandy Springs, Ga.

Plaintiff experts: Ashok Reddy, orthopedics, and Jeffrey Gross, premises liability, both of Atlanta; and Chealon Miller, orthopedic surgery, Covington, Ga.

Defense expert: Eric Boelhouwer, human factors, Atlanta.