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Holloway v. The Kroger Co.

Although defense counsel improperly referred to a stricken juror's voir dire responses during his closing argument, the plaintiff failed to object and, on appeal, failed to show that defense counsel's argument impacted the trial result and thus failed to show plain error.

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Mildred Anne Holloway sued The Kroger Company Kroger for injuries sustained when she fell at a Kroger grocery store. Following trial, the jury returned a defense verdict. Holloway appeals, asserting that Kroger’s counsel made inappropriate statements during closing argument and that the trial court failed to properly instruct the jury. We affirm.

Construed favorably to the jury’s verdict,1 the evidence shows that Holloway entered the grocery store on a rainy day on February 5, 2010. As she reached for a shopping cart in the store foyer, she slipped and fell, landing on her back. The store manager who responded to the scene noticed that water had dripped onto the floor from the shopping carts, and Holloway testified that the floor was slippery and shiny. According to the manager, Kroger’s rainy day measures were in place and being followed at the time. A greeter was stationed in the foyer to keep the area clean, and several wet floor caution signs were located near the entrance. Kroger employees had also placed mats in the foyer to help keep the area dry, although no mats were next to the shopping carts where Holloway fell. The manager further testified that Kroger had installed special, slip-resistant flooring in the foyer.

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