Walmart patron in Milledgeville slips on puddle, fractures elbow. She’s suing
A woman who slipped in a puddle at a Walmart in Milledgeville and fractured her elbow is asking the retail store for over $200,000 in damages after the fall caused her to need surgery, according to federal court records from Tuesday.
Rosie Griffin alleges a puddle in the yogurt aisle at the Walmart located at 2592 N Columbia St. caused her to fall on the right side of her body, causing her to go through a months-long treatment plan that included surgery and physical therapy, according to court documents.
As a result of the expenses incurred for her treatment, as well as pain and suffering, she’s asking for over $200,000 in damages from Walmart.
Griffin’s complaint was originally filed in state court but was transferred to federal court in Macon because she was seeking more than $75,000, according to court records.
Though Walmart was negotiating with Griffin to settle the complaint, “the parties were not able to resolve the matter at the time of the instant filing,” court records show. This complaint represents one side of a legal argument, and by the time of publication, Walmart had not filed a legal response to the allegations.
“We are reviewing the complaint and will continue to respond appropriately to the Court,” Walmart representatives said in a statement to The Telegraph.
Prolonged treatment and injury problems
Griffin fell on March 12, 2024, according to court documents. She argues Walmart is liable because the company “negligently inspected, maintained or otherwise allowed a dangerous condition to persist,” court documents said. The retail store’s failure to inspect and maintain the premises was a “breach of the standard of care,” considering the store knew of the puddle but failed to warn Griffin of it before she slipped.
The day she fell, she went to the emergency room complaining of pain in her right wrist, right elbow, right hip and right thigh, which led the attending physician to order X-rays of the problem areas. After the physician reviewed the results, they applied a splint to Griffin’s right wrist, prescribed an anti-inflammatory drug and a muscle relaxant to relieve the pain and the muscle spasms, court records show.
The physician told Griffin to follow up with a primary care physician.
Three days later, on March 15, 2024, she went to a doctor for an orthopedic evaluation and treatment for her right elbow pain. The doctor diagnosed her with a “closed nondisplaced fracture of the neck of the right radius,” meaning even though her bone was broken, the bone fragments did not move. The doctor gave Griffin a right arm sling to use for the following two weeks and instructed her to return for a follow-up, according to court records.
Griffin returned on March 29, 2024, for her follow-up, her lawsuit says. The doctor ordered X-rays of her right elbow, which revealed that, though the fracture remained the same, there was still inflammation, according to court records. She went to physical therapy, but her pain persisted until she was eventually diagnosed with “right cubital tunnel syndrome” on Aug. 15, 2024. The ulnar nerve that runs along the inside of her elbow became compressed, the lawsuit said. A doctor recommended she undergo an electromyography to more accurately diagnose her symptoms. If symptoms persisted, the doctor recommended a cortisone injection and further surgery. She underwent electromyography on Oct. 9, 2024, which confirmed her doctor’s diagnosis.
Griffin kept dealing with pain and had to have surgery in December, which worked to relieve issues, according to the lawsuit.
Griffin went through 34 doctor’s visits to resolve her elbow pain, which cost her more than $30,000, according to the lawsuit. She also expects to deal with additional care costs of more than $2,500.
She also argued in her lawsuit that she’s owed money due to prolonged pain and suffering, which she still deals with because she struggles to carry or lift items, grip objects and complete household chores. She’s seeking $200,448 for pain and suffering and medical costs.
