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BLACK v. FOOD LION, INC.

No. 97-11404.

171 F.3d 308 (1999)

Maxine BLACK; and James Black; Plaintiffs-Appellees, v. FOOD LION, INC.; Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 30, 1999.

Attorney(s) appearing for the Case

Troy J. Wilson, Houston, TX, for Plaintiffs-Appellees.

James William Karel, Kevin D. Jewell, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, Houston, TX, for Defendant-Appellant.

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.

EDITH H. JONES, Circuit Judge:

While shopping at a Food Lion grocery store, Maxine Black slipped and fell on the remains of a mayonnaise spill that had been previously cleaned by Food Lion personnel. In the ensuing damage action, removed to federal court, a magistrate judge awarded Black nearly $300,000— principally because she had been diagnosed with fibromyalgia syndrome, an elusive but debilitating affliction. Whether Black produced reliable expert evidence...

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