Wednesday, December 3, 2014

Target Store Slip and Fall Verdict


This slip and fall in a Target store occurred on July 21, 200.  Plaintiff Ms. Walker, 40, a retail clerk, was in a Target store in the Philadelphia area when she slipped and fell in one of the aisles.  When Target refused to pay fair compensation for her injuries, attorney Ed Chacker took Target to trial before a jury and got a great verdict

Claiming premises liability, Walker sued Target Stores Inc. and Target Corp. Walker argued that a pharmacist on duty at the time of the incident was in the aisle when a customer reported a spill. After being notified, the pharmacist abandoned the spill to retrieve warning cones. In the meantime, Walker walked down the aisle unaware of the spill.  Walker then slipped on the spilled liquid.  Walker's attorney argued that the pharmacist was negligent for choosing to leave the hazardous spill unguarded in the aisle and for failing to warn Target's customers like Walker.

Target, of course, denied the allegations. Instead of accepting responsibility, Target blamed Walker for not paying attention to where she was walking.

The day after her fall, Walker woke up with a severe headache. She visited her family physician, complaining of dizziness, blurred vision and pain in her back, left foot and left elbow. She had a CAT scan, which came back as normal. Soon after, she had an EMG and was diagnosed with a status post-cerebral concussion, lumbar strain and sprain, right C5 and left L5 radiculopathy, bilateral C8 and right L5 radiculopathy, right epicondylitis, sprain of the plantar fascia of the left foot and post-concussion syndrome. She began physical therapy, which she underwent through May 2004.
A year after the accident, Walker still complained of blurred vision, headaches, neck and upper back pain, and some numbness and tingling in her upper extremities and lower left leg. She saw neurologist Steven Mazlin for ongoing treatment. Mazlin testified that Walker's condition resulted from her slip and fall, and that the fall exacerbated a previously quiescent migrainous disorder and "unmasked a case of so-called latent MS."  Walker was also diagnosed with a disc bulge at L5-S1, for which she underwent chiropractic treatment from February 2004 to February 2006. In 2006, she received three Lidocaine injections and was fitted with orthoses.  She was also diagnosed with depression and anxiety.

Walker sought $54,420 in past medical specials and $9,761 in past lost wages, having missed 18 weeks of work. She sought an unspecified amount for past and future pain and suffering.

The jury rendered a verdict in Walker's favor of  $250,000


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