24 May, 2019

 

In the summer of 2016, a woman on her weekly grocery run tripped on uneven pavement in front of the local Dollar Store, causing her to break her wrist. The asphalt was broken and deteriorating, causing it to buckle and create several large holes near the entrance of the store.

The plaintiff brought a lawsuit against the strip mall for failing to post warning about the dangerous condition and/or fixing the asphalt before the injury. Attorneys handling the case took photographs of the sidewalk, which was at an uneven level about the size of a quarter. They were able to provide scientific evidence that the deterioration occurred over a long period of time, during which the landowner should have recognized the danger and fixed it.

At the proceeding settlement conference, a required step in Indiana before a jury trial, the parties struck a deal. Council advised the client that he believed the offer was too small but the subsequent trial would happen more than a year later, so the client decided to accept the deal.


3 May, 2019

 

An Alabama woman suffered severe leg and shoulder fractures after slipping and falling in a clear liquid laundry detergent on the chemical aisle of Dollar General. Her injuries led to 8 surgeries and over $470,000 worth of medical bills.

The jury found the corporation guilty due to their inadequate inspection policies that led to the customer’s injuries, and awarded the plaintiff a $1.725 million settlement.


9 Feb, 2019

 

A customer of Fred’s Dollar Store in Southaven, MS was awarded $1.15 million in damages after suffering severe injuries while exiting the store. She tripped and fell on a wooden corral, which the defense claimed they set up to make it more difficult for shoplifters to run out of the store. The plaintiff’s fall resulted in her breaking both arms and several teeth, and injuring her neck and chest.


15 Jan, 2019

 

June, 2007 - Supreme Court, Kings and Nassau Counties - $550,000 - While walking down one of the aisles of a $.99 cent store seeking bleach, the plaintiff felt a sharp pain at the back of her leg, and turned to find that a knife from a shrink-wrapped knife and cutting board set had fallen from a shelf, piercing the thin PVC wrapping, and in that process, severing approximately 70% of the anterior aspect of her Achilles tendon, causing nerve damage, and ultimately required surgical correction. At trial, the plaintiff settled her case against the U.S. distributor of the knife and cutting board set for $275,000; but we didn't stop there. Since the $.99 cent store never responded to the complaint in that action, we brought a separate lawsuit directly against the $.99 cent store's insurer, and obtained an additional $275,000 for the plaintiff.