At 2:30 on Monday July 6, 2014, M.R. and her husband went to a Whole Foods in Denver. While in the vegetable section, M.R. slipped on a puddle of liquid–about 3 feet wide–and fell. There were no signs or cones in the area to warn her of potential danger. M.R.’s right hip and shoulder made direct contact with concrete floor causing her to sustain a severe rotator cuff tear in addition to immediate, hip, back, and shoulder pain. Only after she’d fallen did Whole Foods put out “Wet Floor” sign. With the assistance of her husband she was able to get up and leave the store.
M.R. was seen by a physical medicine and rehabilitation specialist three days after the fall. Physical therapy was prescribed initially but after three months of no improvement, she elected for surgical repair of the rotator cuff. As of a year later, her medical expenses exceeded $73,000; her prognosis remains uncertain but will require future care.
The case was settled in 2015 for a confidential amount with the assistance of Russell Hatten.