Plaintiff: John Smith, age 45, Fayetteville, NC
Defendant: Cumberland Corner Market, a local grocery store
Date/Time: June 15, 2024, approximately 2:00 p.m.
Location: Produce aisle, near an ice display
Incident: Plaintiff slipped on water leaking from display
Herniated disc (lower back)
Sprained right wrist
Ongoing physical therapy and chronic pain
Statement (Plaintiff)
“My name is John Smith, and on June 15, 2024, I visited Cumberland Corner Market around 2:00 p.m. I was in the produce aisle looking for fresh tomatoes when I suddenly slipped on a puddle of water. There was no warning sign or cone—I absolutely would have noticed if there had been one. I landed hard on my back and right wrist, and the pain was immediate. A nearby customer, Ella Davis, rushed over to help me.
After the fall, the store manager came over and asked if I was okay, but I could barely stand. I told him the floor was soaked from what looked like a leak near an ice display. It’s my understanding they’ve had issues with that display before. I’ve since been diagnosed with a herniated disc in my lower back and a sprained wrist, which has required multiple physical therapy sessions. I’m still in constant pain. I believe the store should have warned customers or taken steps to fix that leak before someone got hurt.”
Statement (Store Employee)
“My name is Kevin Tran, and I was working in the produce section at Cumberland Corner Market on June 15, 2024. Earlier in the day, I noticed some condensation around the ice display and wiped it up. I put a small yellow cone warning customers about a wet floor, but the cone might have been moved or knocked over. I’m not entirely sure when that happened.
I was restocking fruit in another aisle when I heard a commotion. That’s when I grabbed paper towels and ran back to produce. I saw Mr. Smith on the floor, and he looked hurt, so I immediately got the manager. I know we’ve had some problems with the ice display leaking before, but we usually catch it in time. I don’t think the puddle was that large, but it must have been slippery enough to cause him to fall.
I feel bad about what happened, but I did try to keep the area clear. If the cone was missing, it could have been an accident that no one caught in time. I also wonder if Mr. Smith saw the warning when he entered the aisle, but maybe he just didn’t notice. We’ve tried to follow our store’s safety protocols, but sometimes spills can occur faster than we can clean them.”
Statement (Eyewitness)
“My name is Ella Davis, and I was at Cumberland Corner Market on June 15, 2024, doing my weekly grocery shopping. I was walking behind John Smith in the produce section when I saw him suddenly slip and fall. It happened very fast, but I remember hearing him yell out.
I didn’t see a caution sign or anything like that near the puddle. However, I recall a store employee, Kevin Tran, hurrying toward us with some paper towels right after Mr. Smith fell. It appeared he might have been aware of the spill, but I’m not totally sure. I helped Mr. Smith get up, and he was clearly in a lot of pain. He kept saying that his back hurt and he had trouble gripping my hand with his right wrist.
I’ve shopped at that market for years, and I’ve seen smaller spills before, but usually someone cleans them up right away. This time, it must have gone unnoticed, or nobody had posted a warning sign. It’s a shame because it really looked like it could’ve been prevented.”