Sunday, February 17, 2013

Walmart Employee Runs Into Patron Causing Injury

My last couple posts have discussed injury lawsuits against Walmart in Pennsylvania.  The lawsuit of Santilli v. Walmart is another premises liability negligence lawsuit successfully brought against Walmart in Pennsylvania.  Santilli was well represented in this lawsuit by attorney Gilbert Scutti.  You can read my other two posts on Walmart negligence lawsuits in Pennsylvania at "Slip on Wet Bathroom" and "Fall Over Bicycle".

In this Wal-Mart lawsuit, the plaintiff contended that she was struck in the back by a skid of boxes being rolled down the aisle of the Walmart store by one of its employees. Liability was not an issue in the case as Walmart was clearly at fault. Fair compensation for the plaintiff's injuries was the battle in this case.  The plaintiff complained of continuing shoulder pain associated with the accident. The defendant argued that any injuries suffered by the plaintiff would have resolved within months of the incident.

The plaintiff, a female approximately 47 at trial, testified that she was inspecting a sweater in the defendant's store with her back towards the aisle. The plaintiff testified that the defendant's employee attempted to pass her with a skid of boxes, causing one of the boxes to strike the plaintiff in the back and knock her to the floor.

The plaintiff's chiropractor testified that the plaintiff sustained sprain and strain injuries to her neck and back as a result of the accident. The plaintiff also complained of continuing shoulder pain. She claimed approximately $ 17,000 in medical expenses.

The defendant's medical expert testified, based on a review of the plaintiff's medical records, that the plaintiff's injuries related to the incident should have resolved within months of the accident. The defense argued that any continuing symptoms were unrelated to the subject accident.

The jury found the defendant 100% negligent and awarded the plaintiff $ 46,665 to which delay damages were added.  With $17,000 of medical expenses, an award of nearly three times that amount is a solid outcome for the plaintiff.

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