On Tuesday a federal court jury in the Western Division of the Northern District of Mississippi returned a plaintiff’s verdict of $1.15 million in Whiteaker v. Fred’s Stores of Tennessee. The case involved a trip and fall accident outside a Fred’s Store in Southaven.

Here is the Complaint. The plaintiff alleged that the plaintiff tripped and fell on a wooden corral outside the store that was set up to create a maze that made it harder for shoplifters to get out of the store. The fall resulted in the plaintiff breaking both arms, injuring her neck and chest and breaking several teeth.

Here is Fred’s Memo. Supporting Motion for Summary Judgment.

Here is the plaintiff’s response.

Here is the Order denying the motion. The Court’s opinion characterized plaintiff’s case as weak, but involving fact questions for a jury. The judgment and verdict form were not filed on Pacer as of this posting.

The trial lasted two days with Judge Michael Mills presiding. Philip Stroud of Southaven and James Lees of Charleston, West Virginia represented the plaintiff. Robert Jolly and Scott Hollis of Watkins Ludlam’s Olive Branch office represented Fred’s.


Summary Judgement Memo.

Summary Judgment Response.

Order Denying Summary Judgment.