The trial: Bartholomew v. The Kroger Co.
The attorney: Dave Fox
Case summary: Vicki Bartholomew injured her shoulder in a fall at a Ralphs Grocery store in 2015. She underwent a shoulder replacement, but the shoulder became infected, which would ultimately require removal of the hardware, treatment of the infection, and a new replacement. Ralphs admitted liability for the accident but argued Bartholomew's condition had improved.
The witness: Dr. Christopher Behr, M.D.
Synopsis: On direct, Behr concluded that Bartholomew's condition had improved significantly in the months before trial. On cross, Dave Fox questions Behr concerning Bartholomew's need for additional surgery and the pain that will likely come along with it. Using the familiar "1-10" pain scale given to patients, Fox has Behr acknowledge that the 6-8 pain Bartholomew feels on bad days is typical under the circumstances, given the condition of her shoulder. He also has the witness acknowledge how pain can cause sleep deprivation, leading to fatigue, which enhances pain in a vicious cycle. This supports Fox's overarching trial theme that Bartholomew's pain has affected her sleep, which further diminishes her enjoyment of life and her ability to perform day-to-day activities.
The verdict: $1.4 million, including $1.1 million in pain and suffering.
