Maria Torres v. Fred Meyer Lawsuit Settles Mid-Trial, Brain Injury Allegations, Leak Claims and What Happened

Maria Torres’ lawsuit against Fred Meyer Stores Inc. settled during trial in Multnomah County Circuit Court in Portland, Oregon, ending a closely watched dispute over a grocery-store fall that Torres says caused a traumatic brain injury. Trial began October 5, 2026, and Courtroom View Network (CVN) lists the case as settled, with proceedings running through October 12. The settlement amount has not been disclosed in the public sources reviewed, and reporting says the attorneys are barred from discussing the terms.

The dollar figures from the trial are claimed damages, not a settlement payment. Neither $33.5 million nor $36 million is a confirmed amount paid by Fred Meyer, and no jury returned a verdict.

Quick Facts: Maria Torres v. Fred Meyer Stores Inc.

Detail	Information
Plaintiff	Maria Torres
Defendant	Fred Meyer Stores Inc., a Kroger-owned supermarket chain
Case number	25CV26588
Court	Multnomah County Circuit Court, Oregon
Judge	Steffan Alexander
Incident	Slip-and-fall on water in a Southeast Portland (Hawthorne) Fred Meyer store; October 9, 2023 per some reporting, not confirmed by CVN
Alleged injury	Concussion/traumatic brain injury, headaches, balance problems, severe tinnitus
Plaintiff’s counsel	Kafoury & McDougal, including Jason Kafoury
Defense counsel	Aukjen Ingraham, Mario Delegato and Sydney Padgett
Trial dates (CVN)	October 5–12, 2026
Outcome	Settled during trial; no jury verdict
Damages discussed at trial	$33.5 million in CVN reporting; about $36 million in other summaries (see below)
Settlement amount	Not publicly disclosed
Public claims process	None; individual premises-liability lawsuit

What Happened to Maria Torres at the Hawthorne Fred Meyer in Portland?

Torres, 71 at the time of the fall, was shopping at the Fred Meyer in Southeast Portland’s Hawthorne district. Reporting says she picked up bananas and walked across the store when she slipped on water on the floor and fell backward, striking her head. Accounts differ on the exact spot, with CVN placing it near a checkout aisle and other coverage describing the produce area.

Her lawsuit alleged that water leaked from an elevated parking structure above the store. Reporting says surveillance video showed another shopper walk through the dripping water and look up shortly before Torres fell. Employees held umbrellas over her and used towels while water continued to drip. She was hospitalized for three days with a concussion, according to her attorney.

What Injuries Did Maria Torres Attribute to the Fall?

Her attorneys described headaches, ringing in the ears (tinnitus), balance problems and difficulty walking, and said she could no longer continue her work cleaning buses and trains. They argued her condition could require more help as she ages.

The defense disputed the severity. It argued that medical imaging did not show a lasting brain injury at the level alleged and that she had been cleared to drive without restrictions. These were competing positions at trial. Because the case settled, no jury decided them.

Why Did Maria Torres Sue Fred Meyer Over the Parking-Deck Leak?

Torres brought a premises-liability claim. Her lawyers argued the leak was a long-running problem, not a sudden accident. In opening statements, Jason Kafoury said employees and supervisors had seen recurring leaks in the same general area for years, had used towels and buckets before, and failed to fix the cause or protect shoppers.

Reporting on the trial adds several details from the plaintiff’s side:

• Former employees were reportedly called to testify, including a 16-year veteran who said water intrusion was ongoing throughout their time there.
• A one-star Google review posted months before the fall reportedly showed buckets on the floor under a ceiling leak.
• After the fall, the store reportedly installed about two dozen pans to catch dripping water.

The plaintiff’s account has not been proven by a verdict, and later repairs do not by themselves establish fault.

How Did Fred Meyer Defend the Maria Torres Slip-and-Fall Lawsuit?

Fred Meyer denied liability and challenged both notice and injury severity.

• Timing of the leak. Defense attorney Aukjen Ingraham argued the water developed too quickly for staff to find and clean it. The defense said surveillance video showed customers passing through the area shortly before Torres fell.
• Source of the water. The defense said the drain involved was inspected right after the fall and showed no history of leaking. It acknowledged earlier leaks from other parts of the parking structure but argued they were unrelated to this leak.
• Medical claims. It disputed the extent of any permanent brain injury and planned to use expert testimony.

What Damages Did Maria Torres Seek, and Why Do Reports Say $33.5 Million vs. $36 Million?

CVN’s October 7 report described $6 million in compensatory damages and $27.5 million in punitive damages, a potential claim of $33.5 million. Other public reporting broke the demand down further: about $75,000 in past medical expenses, $2.7 million in future medical care, $6 million for pain and suffering and $27.5 million in punitive damages.

Those four items add up to roughly $36.3 million. The likely explanation for the two headline figures is that $33.5 million counts only the non-economic and punitive components, while about $36 million includes the economic damages as well. That is an inference from the reported numbers, not something confirmed from the filed statement of damages, so it should be checked before you choose a figure for any headline.

• Compensatory damages cover losses such as medical costs, future care and pain and suffering.
• Punitive damages punish and deter serious misconduct and are available only when a legal standard is met.

What Oregon Law Governs a Grocery-Store Slip-and-Fall Claim?

Oregon generally requires a business to use reasonable care to keep its premises safe for customers. In a case involving a foreign substance on the floor, a plaintiff can often establish responsibility in one of three ways:

1. The store or its employees put the substance there.
2. The store knew about it and failed to act reasonably.
3. It was there long enough that reasonable care would have found it (constructive notice).

Why Did Notice Matter in Maria Torres’ Lawsuit?

Notice was the core dispute. The plaintiff argued recurring leaks gave Fred Meyer actual or constructive notice. The defense argued the specific puddle was too recent and that earlier leaks elsewhere did not show notice of this one.

In Kummer v. Fred Meyer Stores, Inc., 337 Or App 720 (2025), the Oregon Court of Appeals affirmed summary judgment for Fred Meyer where there was no evidence of the source of a substance, how long it had been there or whether employees knew of it. That case did not decide Torres’ lawsuit, and it differs on its facts.

Does Oregon’s Self-Service Rule Help Shoppers Prove Notice?

In Hagler v. Coastal Farm Holdings, Inc., 354 Or 132 (2013), the Oregon Supreme Court held that a plaintiff in a self-service retail setting may not have to prove the store had notice of the specific hazard if the store’s method of operation made the type of hazard reasonably foreseeable. Whether that approach was argued in Torres’ case was not verified, but it shows why evidence of how the store operates and what hazards it anticipates can matter.

How Does Oregon Comparative Fault Affect a Fall Injury Claim?

Under ORS 31.600, a plaintiff’s recovery is reduced by their share of fault and barred if their fault is greater than that of the defendants combined. The reporting does not say Fred Meyer relied on a comparative-fault defense.

When Can Oregon Plaintiffs Recover Punitive Damages Against a Store?

Under ORS 31.730, punitive damages require clear and convincing evidence that the defendant acted with malice or showed reckless and outrageous indifference to a highly unreasonable risk of harm, with conscious indifference to the health, safety and welfare of others. That is higher than the standard for ordinary negligence.

Related rules:

• ORS 31.725: a plaintiff generally must get the court’s permission before adding a punitive damages claim to a complaint.
• ORS 31.735: a significant share of a punitive award is directed to the State of Oregon and not kept by the plaintiff.
• State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003): due process limits how large a punitive award can be compared with compensatory damages.

Because the case settled, no jury found that Fred Meyer met the punitive standard, and no punitive award was entered.

Does Oregon Cap Pain and Suffering Damages in Personal Injury Cases?

In Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020), the Oregon Supreme Court held that the statutory cap on noneconomic damages, ORS 31.710, could not be applied to the plaintiff’s personal-injury claim. Whether any cap would have affected a verdict here is moot because the case settled.

Did a Jury Find Fred Meyer Responsible, and Did Fred Meyer Admit Fault?

No jury verdict was reported. A settlement resolves a case by agreement and, unless it says otherwise, is not an admission of liability. No admission has been verified. A Fred Meyer spokesperson did not respond to media requests after the settlement.

Does the Maria Torres Settlement Create Compensation for Other Fred Meyer Shoppers?

No. This was an individual personal-injury lawsuit, not a putative class action. There is no claim form, administrator, eligibility window or public fund.

Anyone injured in a similar fall would need their own evidence and a timely claim. Under ORS 12.110, many Oregon personal-injury claims carry a two-year limitation period, though exceptions can apply, so check the deadline with an attorney.

What Can Shoppers Do After a Fall in a Store?

1. Get medical care, especially after a head impact or symptoms such as dizziness, confusion, balance problems or ringing in the ears.
2. Report the fall to management and ask for a copy of the incident report.
3. Photograph the hazard and surrounding area if it is safe to do so.
4. Record the details: date, time, location and witness names.
5. Keep medical bills, treatment records and proof of missed work.
6. Ask an attorney about preserving evidence, including surveillance video and maintenance records.

For more background, see Slip And Fall Accident Lawyer Who Pays When You Fall On Their Property.

Maria Torres v. Fred Meyer: Key Dates

Date	Event
October 9, 2023	Fall at the Hawthorne Fred Meyer, per some reporting; not confirmed by CVN
2025	Lawsuit assigned Multnomah County case number 25CV26588
October 5, 2026	Jury trial begins before Judge Steffan Alexander
October 7, 2026	CVN reports on opening statements, allegations and defenses
October 12, 2026	CVN lists the case as settled; no jury verdict
October 14, 2026	A later public summary reports the settlement without an amount
October 15, 2026	Verification date of this article

Frequently Asked Questions About the Maria Torres Fred Meyer Lawsuit

Did Maria Torres settle her lawsuit against Fred Meyer?

Yes. CVN lists the case as settled, with trial running from October 5 through October 12, 2026.

How much did Fred Meyer pay Maria Torres?

The amount has not been disclosed, and reporting says the attorneys are barred from discussing terms.

Was Maria Torres awarded $33.5 million or $36 million?

Neither. The case settled before a verdict. Those figures describe damages claimed or discussed at trial.

Why did Maria Torres sue Fred Meyer?

She alleged water leaking from a parking structure caused her to slip and suffer a brain injury, and that the store knew of recurring leaks and failed to protect shoppers.

What was Fred Meyer’s defense?

It argued the specific leak developed too quickly to be discovered and that Torres’ long-term injuries were less severe than claimed.

Did Fred Meyer admit it knew the roof leaked for decades?

No. Plaintiff’s counsel argued long-term knowledge, and the defense disputed it.

Can other Fred Meyer customers claim money from this settlement?

No. There is no class, claim form or fund.

What Oregon law applies to Fred Meyer slip-and-fall claims?

Oregon premises-liability law asks whether the store created the hazard, knew of it, or should have discovered it, as discussed in Kummer and Hagler. Punitive damages are governed by ORS 31.730, and the usual filing deadline is under ORS 12.110.

Sources

1. Courtroom View Network, case page for Maria Torres v. Fred Meyer Stores Inc. (trial dates, case number, judge, settled status).
2. Courtroom View Network, “$33.5M Grocery Store Slip-And-Fall Trial Begins,” October 7, 2026 (opening statements, allegations, defenses).
3. The Oregonian/OregonLive reporting on the trial and settlement, and Wisevoter’s October 14, 2026 summary (secondary).
4. Kummer v. Fred Meyer Stores, Inc., 337 Or App 720 (2025); Hagler v. Coastal Farm Holdings, Inc., 354 Or 132 (2013); Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020).
5. ORS 12.110, 31.600, 31.710, 31.725, 31.730, 31.735; State Farm v. Campbell, 538 U.S. 408 (2003).
6. Oregon Judicial Department, how to find a case or court record.

AllAboutLawyer.com is a U.S. consumer legal information site, not a law firm. This article is for information only and is not legal advice. Allegations and arguments described are not judicial findings, and a settlement does not by itself establish liability.

Researched and written by Israr Ahmad, legal content researcher and founder of AllAboutLawyer.com. Facts are drawn from Courtroom View Network’s case page and trial report and from reported coverage of the trial and settlement, and legal authorities are cited from the reported Oregon and federal decisions and Oregon Revised Statutes, as of October 15, 2026. The court register of actions, any dismissal order and the filed damages statement were not retrieved. Last Updated: October 15, 2026.