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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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