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Betty J. Smith v. Dolgencorp, LLC

2/10/2012

WLJ attorneys Kyle R. Wilson and Baxter D. Drennon recently obtained a defense verdict on behalf of the nation’s largest small box retailer in a premises liability action tried before a jury in the United States District Court for the Eastern District of Arkansas.  The plaintiff sought a seven figure verdict for injuries suffered after she slipped and fell, which included the alleged onset of complex regional pain syndrome (or reflex sympathetic dystrophy) and a resulting impairment rating of 40% to her body as a whole.

The plaintiff alleged that she fell in rain water that had accumulated in the front of the store during a thunderstorm and filed suit claiming that the retailer breached the standard of care owed to business invitees under Arkansas law.  (Betty J. Smith v. Dolgencorp, LLC, 4:10-cv-01534-JMM, United States District Court, Eastern District of Arkansas, Western Division.)  The plaintiff sought both compensatory and punitive damages.  Following four days of testimony, and less than two hours of deliberation, the jury returned a verdict in favor of the defense.

Wilson is the current president of the Arkansas Association of Defense Counsel.

 

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