04/10/2015
Injured at a Trade Show or Conference?
If you have recently been injured at a Trade Show in Missouri, the recent case of Medley v. Joyce Meyer Ministries, Inc. (Mo. App. E.D. 2015) helps your cause for recovery.
In fall of 2010, Joyce Meyer Ministries held a women’s conference at the Edward Jones Dome in St. Louis. At the conference, Joyce Meyer Ministries set up a merchandise display to sell t-shirts, tote bags, purses and key chains. On the day of the conference, the plaintiff, Ms. Medley, went to the merchandise display to buy a t-shirt. While attempting to exit the merchandise display area after purchasing her t-shirt, Ms. Medley hit her lower leg on the display and tripped and fell. In the fall, Ms. Medley injured her ankle and leg.
Ms. Medley hired a St. Louis personal injury attorney to sue Joyce Meyer Ministries under a theory of premises liability. Under this theory, Ms. Medley had to prove: first, Joyce Meyer Ministries owned, controlled or possessed the property where it set up its merchandise display; second, that Joyce Meyer Ministries created a dangerous condition; third, that Joyce Meyer Ministries failed to use ordinary care to remove, barricade or warn Ms. Medley of the dangerous condition; and fourth, that the dangerous condition caused Ms. Medley’s injuries and damages. Joyce Meyer Ministries defended the case by insisting that it did not own, control or possess the portion of the Edward Jones Dome where it set up its merchandise display.
At trial, evidence revealed that Joyce Meyer Ministries designed and constructed the display, dictated to the Edward Jones Dome where it would place the display and managed the flow of people in and out of the merchandise display area. At the close of trial, a jury returned a verdict in favor of Ms. Medley in the amount of $400,000 and found Joyce Meyer Ministries to be 70% at fault.
Perhaps to no one’s surprise, Joyce Meyer Ministries appealed the verdict. On appeal, Joyce Meyer Ministries argued that it did not own, control or possess the portion of the Edward Jones Dome where it set up its merchandise display. The Missouri Appeals Court affirmed the verdict in favor of Ms. Medley. The Missouri Appeals Court found that “because [Joyce Meyer Ministries] exercised its right to direct the use and placement of the [merchandise display] where Ms. Medley fell, and because [Joyce Meyer Ministries] exercised its right to admit people to the area and exclude people from it, [Joyce Meyer Ministries] exercised control over the area.” Accordingly, the trial verdict in favor of the injured, Ms. Medley, stands.
If you have been injured at a trade show or conference, or any other business establishment, please do not hesitate to contact my office. I would be honored to speak with you about your case.