Mareitta Dotson v. McDonald's Corporation et al.
U&E WINS JURY TRIAL ON LIABILITY! Plaintiff, the mother of a deceased minor child, brought suit against a property owner ... Read More
Dorothy White et al. v. Dollar Tree Stores,
Inc. et al.
U&E WINS BENCH TRIAL IN MERCHANT CASE! Plaintiff alleged that while retrieving a bottle of liquid laundry detergent from a shelf at the Dollar Tree store, the cap and bottle separated, causing the bottle to fall to the floor, whereupon the contents splashed into plaintiff’s eye allegedly causing a chemical burn. The shelf on which the laundry detergent was stocked was chest-high. Plaintiff admitted at trial that she grabbed the laundry detergent bottle by the cap only, turned the bottle and then slid the bottle off the shelf. We established on cross-examination that when plaintiff turned the bottle she noticed that the cap was loose. Plaintiff lied to the judge when she testified that she never needed reading glasses before this incident. On cross-examination, she was shown the emergency room records which specifically indicated reading glasses and the strength of reading glasses she was using. Plaintiff went to the emergency room for treatment and thereafter saw several physicians, racking up over $8,000 in medical bills. However, plaintiff only called one eye doctor who testified that chemical burns typically heal in just a few days. Although plaintiff introduced certified copies of her other medical records, she did not call any other medical providers. The store manager testified that although customers leave the store a mess, the store employees perform daily “zoning,” and that the caps on the laundry detergent are checked and tightened before they are placed onto the shelf. Following the bench trial and the submission of post-trial briefs, the Zachary City Court trial judge found in favor of Dollar Tree stores and dismissed plaintiff’s case. The judge also ordered plaintiff to pay all of defendant’s costs. (U&E FILE 68-12060)
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