On January 18th, 2011 while shopping at Publix Supermarket, I was injured when, as a result of Publix’ negligence, I slipped on water left on the store’s floor in a commonly used shopping area, and twisted my back muscles while trying to catch myself from falling as a result.

I picked up a few items that afternoon and headed towards the front cash. I was right in front of the main aisle when without any warning I slipped and my right leg went out from under me, with my left leg trying to stabilize and balance my body. I immediately felt a pull in my groin area on the left side as well as pain and tightness in my mid and lower back area on the right side of my back as well as muscle twitches. Once both feet were back on the ground, I looked down and noticed a puddle of water on the floor.

I stopped and looked around to see where the water could have been coming from and to find someone to report the puddle to. As I walked towards the check lanes to notify someone about the water, I noticed there were also two more puddles of water on the floor leading up to the front cash area in the front speedway. I told a cashier and then proceeded to speak to one of the managers on duty, and let her know immediately what had happened to me. I then filled out a customer incident report at the customer service desk, as asked to do, wherein I described the incident.

I paid for my groceries and drove home to ice my back. I applied ice to my back on and off for the rest of the day and then went to see a walk in clinic doctor since I don’t have healthcare coverage. After being seen by the doctor he ran a variety of tests and had me show him various movements and extensions and determined that I had muscle tension, soft tissue damage, muscle spasms and prescribed me with a muscle relaxant as well as Ibuprofen for the pain. He also instructed me to continue icing my back for a few more days after which point I could introduce heat. My doctor also recommended Chiropractic care and massage to alleviate the pain and tension. I have visited both and while I have had some momentary relief of pain during treatments, shortly after the treatment the pain resumes. My doctor therefore is requiring me to continue chiropractic and massage therapy treatment.

After my second doctor’s visit, I was prescribed more muscle relaxants and also prescription strength ibuprofen to ease the pain and help me to fall asleep at night. Noting that there was no improvement in my condition and in fact in some areas the pain has become worse, as now I’m experiencing new pains such as in my neck and left shoulder. The doctor has also prescribed ongoing physical therapy at a minimum of 3x per week. My chiropractor has also prescribed ongoing treatment to attend to physical pain and restrictions in my range of motion.

During my initial recovery any sudden movement in my bed caused pain to shoot down my leg and up my spine. Sleeping immediately proved to be uncomfortable as I usually sleep on my back or right side, which is now the side that I experience the most back pain. I experience loss of sleep and pain as I toss and turn.


Thanks to Publix, I suffered and continue to suffer ongoing pain and discomfort now and into the foreseeable future, which greatly alters and hinders my quality of life and work productivity. I require ongoing Doctors visits, Chiropractic treatment, Rehabilitative Physical therapy, massage therapy, prescriptions and time off work to recover.

As a further result of Publix’s negligence I was unable to work effectively for the first (4) weeks. I wound up losing $6500 in lost wages/work opportunities during the busiest season of my business.

When I first spoke to Publix’s Risk Management department that called me, they tried to write off my pain and suffering with a $500 check. Then they tried to up it slightly to $1000, after learning of the doctor’s report. After I spent a several hundred dollars in expenses they tried to increase that amount very slightly even though the doctor wanted to enroll me in 4 weeks of physical therapy 3x per week which is $1500. The whole time I spoke to Publix’s Risk Management Department they kept telling me they couldn’t offer any more and that when I signed off, Publix would no longer be responsible for any future medical care expenses, etc.

Of course, with ongoing expenses I wasn’t quick to jump at their offer. I was treated rudely, being told at one point by the ‘claims adjuster’ that she felt my treatments were overlapping. Physical therapy, chiropractic care and massage do work together well but are three totally different treatments. This was insulting to someone who had experienced so much pain as a result of their company.

I have since consulted with a lawyer and I keep getting voicemail messages from their Risk Management department letting me know that if I don’t make a decision shortly how I’d like to proceed (mind you this was 3 weeks after submitting a demand letter that they asked me to) that they would have to close the case.

This is unethical and very poor business practice for a Fortune 500 company of Publix stature and reputation. When the Risk Management department asked me for a ‘demand letter’ wherein I was to provide full details of all medical receipts, experiences, pain and income lost as well as future expenses not yet rendered (ie: the physical therapy), I received a letter a few days letter letting me know that the previous offer still stood firm.

Might I mention that Publix does not issue an injured party any compensation as the expenses roll in. It all has to all be paid upfront and then they will reimburse you. Well, in the case of physical therapy, I did not have $1500 to pay and they didn’t want to pay until I had fully completed the 12 visits. This is a catch-22 for someone like myself, without any health care coverage who cannot afford such an amount.

I am extremely upset by the way Publix has handled my case, what’s more frustrating is when they send me letters referring to the case that conclude with the statement “we hope you will continue to shop at Publix”. Seriously?!

To date I have not received a dime from Publix because they are not willing to consider the future treatment that my Chiropractor, Massage Therapist and Doctor have outlined. They are very quick to write a very small check that barely covers the expenses of my care so they can wipe their hands and be done with it. I tried to speak to my claims adjuster’s manager to no avail. I am utterly frustrated with this company that ironically has a motto of “Where shopping is a pleasure”. Let me assure you that I will not be spending another cent in their stores.

Publix President/CEO Todd Jones: If you are reading this, you know how to contact me as I have now written you and mailed you a copy of the documents that I have sent to Risk Management as it pertains to my injuries. I look forward to resolving this quickly so I can get the care for my injuries that I require.