Holden v. Wal-Mart Stores, Inc.

608 N.W.2d 187 (2000)

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Nature of the Case

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Facts

Holden (P) was injured after she fell in a parking lot at Wal-Mart (D). Prior to the fall, she had been issued a handicapped parking permit because of problems with her knees and feet that made it difficult to walk distances. On the day of the fall, P parked in the handicapped parking and when she pulled into the stall did not notice any holes in the surface. After she got out and walked to the rear of her van, she fell and experienced immediate pain particularly in her right knee. She discovered that her foot had twisted in a hole. She went to the emergency room and underwent knee replacement surgery and sued D for damages. At trial, expert testimony was given by a Dr. that indicated that if D had not fallen she would have gone another 5-10 years without total knee replacement and also that prior to the fall, P had an 87% lower extremity impairment and a 35% whole person impairment and that after the fall this had increased to 97% and 39% respectively. Another Dr. who did the knee surgery also felt that the fall hastened the need for surgery. The charges for these services amounted to about $25,000 with another replacement required in about 15-20 years at $40,000 barring complications. The jury returned a verdict of 40% negligence on P and 60% negligence on D and gave total damages at $6000. P got $3,600 and appealed.