Georgia woman’s $975,000 Walmart fall award was overturned by appeals court
A Georgia woman who won $975,000 in compensation after a fall at a Walmart store in 2020 will have to go through another trial after a US appeals court overturned the verdict on Thursday. The court found that her lawyer had used unrelated figures, including an expert witness’s $8,000 daily fee, to suggest how much money the woman should receive for pain and suffering. The case involved Ruby Medders, who said she injured her knee and ankle after slipping and falling during a visit to a Walmart store in Valdosta, Georgia, in November 2020, according to the judgment . She filed a lawsuit against the retailer in September 2022, seeking compensation for her injuries. The doctor charged $2,000 an hour for expert work and $8,000 for a full day at trial.
The judge reasoned that the expert’s fees had already been discussed during the trial and were therefore part of the evidence. The judges ruled that these comparisons were not permitted under Georgia’s revised law and could have influenced the jury’s decision. Both sides presented medical experts when the case went to trial in January this year. During the trial, Medders’ lawyer questioned a medical expert called by Walmart. The questioning included how much the doctor charged for providing expert testimony. These figures were presented to the jury as part of the evidence. The trial judge heard arguments from both sides but allowed Medders’ lawyer to continue.
He pointed out that the expert would have charged $8,000 a day for attending court. Later, while asking the jury to consider compensation for Medders’ pain and suffering, her lawyer referred to the doctor’s earnings.