On Aug. 2, 2009, the plaintiff, an 8-year-old student, was with his father at a Lowe’s Home Improvement Warehouse located in Elk Grove when he fell in the gardening section, his right leg. The boy’s father, Brent Provins, acting on behalf of his son, sued the store’s operators, Lowe’s Cos. Inc. and Lowe’s HIW Inc. He alleged that the defendants failed to properly maintain the area and/or warn of a slippery condition, creating a dangerous condition. Lowe’s subsequently filed a counterclaim against Brent Provins, alleging that the father was to blame for his son’s . The 8-year-old boy claimed he slipped on some water that was left on the ground in the gardening section, causing him to fall. Thus, plaintiff’s counsel argued that Lowe’s failed to promptly dry the spill or warn customers of the water on the floor. Counsel further argued that since the fall occurred in the garden section where plants are routinely watered and puddles can form, some type of traction help mats should have been provided. Defense counsel contended that the boy had suffered from multiple leg fractures in the past and that prior to the fall, he was suffering from arthrogryposis, a congenital disorder associated with multiple joint fractures, fibrosis and muscle weakness. Thus, counsel asserted that the boy’s previous condition could have contributed to his fall. Defense counsel further contended that Provins could have been distracted, as he had also brought his 1-year-old daughter to the store, and that in light of the boy’s previous , his father should have more closely supervised him., The 8-year-old boy was taken from the scene by ambulance. He was ultimately determined to have suffered a comminuted fracture of the right, distal femur, which did not require any surgery. As a result, his leg was placed in a cast/splint. Provins claimed that his son has since made a reasonably good recovery from his injury. Plaintiff’s counsel noted that the boy had about $7,500 in outstanding medical bills and that he sought recovery for his pain and suffering.
