Coker v. Piggly Wiggly
Coker v. Piggly Wiggly
Opinion of the Court
Respondent John Keith Coker brought this action against appellant Piggly Wiggly of Darlington to recover actual and punitive damages for personal injuries he sustained to his back and neck when he slipped and fell on an exit ramp outside the appellant grocery store. The case was submitted to a jury and a verdict was returned for Mr. Coker in the amount of one hundred twenty-five thousand ($125,000.00)
On appeal Piggly Wiggly contends the trial judge erred (1) by refusing its motion for a directed verdict and (2) by refusing its motion for a new trial absolute. We affirm.
First, Piggly Wiggly argues it was entitled to a directed verdict because Mr. Coker was contributorily negligent and reckless as a matter of law. This argument is based on Mr. Coker’s testimony that he knew the exit ramp was wet with rain on the day of the accident, but nevertheless chose to walk down the ramp despite the potential danger posed by the wet ramp. Piggly Wiggly relies on House v. European Health Spa, 269 S. C. 644, 239 S. E. (2d) 653 (1977) for the proposition that one who heedlessly exposes himself to a known risk is contributorily negligent as a matter of law. See also Powell v. Bonitz Insulation Company of South Carolina, S. C., 254 S. E. (2d) 311 (1979). While it may be true that Mr. Coker knowingly exposed himself to the risk presented by a wet ramp, the risk he was actually exposed to was far greater than that presented by a mere wet ramp.
The testimony in the record indicates that the exit ramp in question was constructed of rough finished concrete with lines ranked into the concrete running from top to bottom rather than from side to side. The ramp has been painted with a slick-finish yellow paint, which, according to several witnesses, significantly reduced the abrasive qualities of the concrete. Piggly Wiggly had actual knowledge that many of its customers had slipped on the ramp.
Unlike House, supra, and Powell, supra, it does not appear from the record in this case that Mr. Coker knew the extent of the danger posed. There is no testimony that Mr.
Second, Piggly Wiggly argues it was entitled to a new trial absolute because the verdict was so excessive as to indicate that the jury was moved by passion, prejudice, or other considerations not founded on the evidence and the instructions of the trial judge. Under the principles enunciated in Haltiwanger v. Barr, 258 S. C. 27, 186 S. E. (2d) 819 (1972), coupled with the fact that Mr. Coker sustained a serious permanent injury, we cannot say that the verdict of the jury was not founded on the evidence and the instructions of the trial judge.
Affirmed.
Reference
- Full Case Name
- John Keith COKER v. PIGGLY WIGGLY OF DARLINGTON
- Cited By
- 1 case
- Status
- Published