Ruby Medders slipped on a wet floor in a Valdosta Walmart in November 2020, injuring her knee and ankle. She sued the retailer in September 2022, seeking compensation for medical bills and pain. After a January 2024 trial, a jury awarded her $975,000, including $186,000 for medical costs and roughly $789,000 for non‑economic damages.
During closing arguments, Medders’ attorney, John Smith, cited the expert physician’s $8,000 per‑day fee to justify a $3 million annual pain award. Walmart’s counsel, Maria Lopez, argued the fee had no bearing on Medders’ suffering. Judge Laura Thompson allowed the comparison, noting the fee had already been discussed in court.
Georgia amended its noneconomic‑damages statute in April 2025, tightening how lawyers can quantify pain. The Court of Appeals ruled that linking Medders’ pain to the unrelated expert fee violated the new rule. Smith’s use of $7.25–$12.15 wages was also deemed inconsistent with the statute.
The appellate court concluded the improper calculations likely swayed the jury, overturning the $975,000 award. It ordered a new trial in the lower court, where Medders can seek a revised amount. Medders, who had been awaiting surgery, said she was stunned by the decision, and the court will schedule the retrial in the coming weeks.