Rich Spicer Obtains Victory in Retail Case

Nov 4, 2016 | Featured, News

Attorney Richard E. Spicer in our Nashville office obtained two victories in separate cases for retail clients last week.

In Janise M. Shaw v. Kroger Limited Partnership, Rich obtained a defense verdict. In this case, the plaintiff alleged that she tripped over a display stand while in a Kroger store, sustaining injuries resulting in surgery. She sought damages in excess of $400,000. Numerous issues were involved in this case, including liability, damages, and medical issues.

The cause of the fall was also in debate, with conflicting testimony as to what caused it and whether it was a display, a bucket, or some other issue. Rich pointed all of this out to the jury, and after deliberations, the jury came back with a defense verdict, finding the plaintiff would recover nothing from the defendant.

In a separate case, Wayne Rogers v. Lowe’s Home Centers, Inc., Rogers was looking at merchandise in a Lowe’s store. As he was doing so, a Lowe’s employee entered that same aisle with a customer he was assisting. As the employee approached the plaintiff, the plaintiff alleged that he said “excuse me,” at which time the plaintiff took a step back without looking and tripped over a flatbed shopping cart that was behind him.

He fell, sustaining extensive injuries. Rich successfully argued that the plaintiff failed to show the duty of care and that the injury was not foreseeable. Rich likewise argued that reasonable minds could not differ that the plaintiff was more than 50 percent at fault. Based on relevant case law, the court granted a motion for summary judgment and dismissed the case.

Rich represents insurance companies and their insureds, as well as self-insured companies in serious litigation involving construction law, premises liability, insurance law, product liability, automobile and company trucking issues, and other complex litigation involving generally high-exposure claims.

He is oftentimes retained to handle particularly unusual claims and litigation to also include complex and emotional wrongful death litigation. He has developed a particular focus on the hospitality and retail industry and chairs the firm’s Retail and Hospitality Industry Group.