Defense Verdict for CVS Pharmacy in Premises Slip and Fall Case

Todd Bauer v. Georgia CVS Pharmacy, LLC

February 28, 2014
Forsyth County

Matt Barr obtained a defense verdict following a week-long trial in Forsyth County for CVS Pharmacy. The Plaintiff, Mr. Bauer, slipped on some gravel in the parking lot of an Alpharetta CVS store, which came from a decomposed car stop. He herniated some discs in his back and had surgery which did not help him. He was diagnosed with failed back syndrome and had a spinal cord stimulator trial, which he failed. He has not been able to return to work and may never be able to. Plaintiff called two treating doctors live to trial, as well as a life care planner and a premises liability expert. Plaintiff counsel asked the jury for $2.2 million in his closing argument. Defendants argued that there was no negligence because there is no duty to keep a parking lot totally free of defects, and because the Plaintiff did not exercise due care for his own safety. Defendants called a premises liability and human factors expert from South Carolina. He testified that the gravel should have been visible to Plaintiff. After about four hours of deliberation, the jury returned a defense verdict. 

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