Jury Awards $7.5M After Trip and Fall in Produce Aisle
An Alabama jury awarded $2.5 million in compensatory damages, and $5 million in punitive damages, in a trip and fall case. The case against Wal-Mart stemmed from the injuries of a 61-year old Alabama man who was injured while trying to get a watermelon from a box on top of a wooden pallet. The plaintiff’s foot got caught in the side of a pallet beneath the melons as he leaned over the box then turned to place a melon in a shopping cart, causing him to fall as his foot twisted beneath the pallet.
The plaintiff alleged that Wal-Mart was negligent for not using pallet guards. The jury agreed. The plaintiff also presented evidence that others had tripped over pallets in the store. The plaintiff presented video footage of other customers becoming entangled with the wooden pallet. Wal-Mart called one witness, a store manager, who said he had never heard of pallet guards. The store manager also said that the plaintiff should have seen the pallet.
The jury considered the evidence, and on November 8, 2017, the jury took two hours in its deliberation and awarded two times the amount requested by the plaintiff.
If you believe that you have been the victim of the negligence of another person or entity, contact the McGrady Law Firm for assistance.