Wal-mart, McDonalds settle slip and fall

David Yates Jun. 2, 2011, 8:51am

A final judgment has been entered in a slip-and-fall lawsuit filed against Wal-mart and McDonalds last August.

As previously reported, Cheryl Gilpatrick filed the complaint Aug. 9 in Jefferson County District Court, claiming she fell on spilled soda while shopping.

On March 16 a final judgment was entered in the case, showing that both Wal-mart and McDonalds elected to settle rather than continue litigating.

The settlement amount was not disclosed in the judgment.

Court records show Gilpatrick was shopping with her friend at the Orange Wal-mart on April 1, 2010, when she slipped on spilled soda left on the floor near the soda bin outside of the McDonald's restaurant inside Wal-mart.

"According to the witnesses at the scene, several of the Wal-Mart employees were working in the area at the time and at least one of them made comments that she actually saw a customer spilling soda out of the cup while walking away from the coke bin," the suit states.

"However, none of the Wal-Mart employees took action to either promptly clean up the spill, warn customers about the spill, cordon off or barricade the area and/or perform any of the required preventative actions before the Plaintiff slipped and fell on it."

Gilpatrick was suing for her alleged lost wages, impairment, medical expenses and lost wages.

Gilbert T. Adams and Alto V. Watson III of the Law Offices of Gilbert T. Adams in Beaumont represented her.

Beaumont attorneys Karen Spivey and Jeffrey O'dea represented the defendants.

Judge Gary Sanderson, 60th District Court, presided over the case.

Case No. B187-510

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