Jury sides with wildlife park in slip and fall

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Chloe Murdock, Special to Missouri Lawyers Media//July 16, 2024//

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A woman’s claim after slipping on a wet floor did not sway a Taney County jury to believe a warning sign would have prevented her fall.

Janet Roby slipped and fell on a wet floor on the way to the restroom at Branson’s Wild World in August 2018. She required surgery for wrist fractures to install and remove hardware and repair ligaments.

In her 2022 petition, Roby alleged that she experienced damages including lost wages, medical bills and significant past and future discomfort and pain.

“Defendant was negligent by failing to maintain a clear floor, by failing to supervise those who had domain over the room in question, failing to exercise the degree of care required for a common carrier, and in other ways not known,” the petition stated.

Corey Kraushaar of Brown & James in St. Louis, Missouri represented Branson’s Wild World.

In a May 7, 2024, motion for a directed verdict, Kraushaar wrote that evidence revealed that a warning sign was present. Roby was paying attention to another parkgoer in front of her and failed to notice the wet floor, and “this was the proximate cause of her fall, not Defendant who took reasonable steps to warn of a potential danger and remove that danger,” wrote Kraushaar.

The jury deliberated for 2-1/2 hours that same day before delivering its verdict determining that the plaintiff was at fault.

Joshua L. Garrett of The Garrett Law Firm in Hollister, Missouri represented Roby. He did not respond to a call requesting comment.

Defense verdict

Total value: $750,000

Allocation of fault: Plaintiff

Verdict date: 5/7/2024

Type of Action: Premises Liability