Morrow v. Walmart

Summary

Kathy Morrow suffered a fall after stepping into a pothole in a Walmart parking lot. The hole, half an inch deep and hidden in the shadow of a nearby car, resulted in Morrow suffering herniated discs that eventually required surgery.

Plaintiff Morrow claims that defendant Walmart should have noticed this hole and taken steps to warn customers or repair it. As Walmart employees are required to sweep the premises daily, this should have been noted and dealt with.

Defendant Walmart asserts that the pothole’s half-inch elevation change is what pedestrians could reasonably expect in a parking lot. Morrow was on her phone while walking, and other pedestrians in the security footage navigated the pothole successfully without injury.

Outcome

Verdict for plaintiff.
Total damages: $2,454,432.34.

Apportionment of fault:
Walmart: 65%
CBRE Inc.: 35%