San Diego, CA – A California state court jury reached a verdict on Monday in favor of a woman who claimed a fall in a Walmart parking lot was caused by a pothole. The jury awarded the plaintiff approximately $2.45 million in damages. The entire trial, from opening statements to closing arguments, was recorded by Courtroom View Network.
The trial began on March 19 and concluded with the jury’s verdict on the same day. Plaintiff Kathy Morrow accused Walmart of negligence in failing to properly inspect and maintain their parking lot. Morrow claimed that her fall in February of 2020 led to extensive spinal fusion surgery, resulting in significant medical expenses and chronic pain.
Though the jury did not hold Morrow liable for the accident, they found another business that shared the same parking lot to be 35 percent responsible for her injuries. This finding reduces Morrow’s collectible award to approximately $1.6 million. Morrow’s attorney, Jonathan Kwan of South Coast Trial Lawyers, stated that the jury’s verdict exceeded Walmart’s highest settlement offer of “several hundred thousand dollars.”
Kwan argued to the jurors that Morrow was unable to see the pothole due to shade from a nearby parked car and that Walmart’s own store policies required them to be more proactive in identifying and repairing tripping hazards. On the other hand, Walmart maintained that Morrow was distracted by her phone at the time of the fall and that minor changes in elevation are commonplace in parking lots. Kwan successfully presented evidence challenging Walmart’s claims, including phone records and expert witness testimony.
Kwan believed that the combination of Walmart’s alleged failure to comply with its safety policies and the prolonged existence of the pothole swayed the jury in Morrow’s favor. “We presented evidence that Walmart never enforced their own ‘Parking Lot Safety’ policy, which states they must regularly check and fix any potholes in their parking lots,” said Kwan. “We also showed that the pothole in question had been in bad shape since 2018, giving Walmart plenty of time to repair it, which they didn’t.”
A Walmart spokesperson expressed disappointment in the jury’s verdict, stating that the company prioritizes ensuring a safe shopping experience for all customers. Kwan highlighted the significance of verdicts in parking lot cases like this, emphasizing that the outcome sets a precedent for accountability and responsibility among retailers.
Walmart was represented at trial by attorney Andrew Kohn of Pettit Kohn Ingrassia Lutz & Dolin. The case was heard before Judge Timothy Taylor in San Diego County Superior Court. This verdict in the case of Kathy Morrow v. Walmart Inc. serves as a reminder for retailers to enforce their own safety policies to prevent accidents and injuries in their parking lots.