Trip and Fall Verdict

$903,496.00 Jury Verdict in Trip and Fall in Grocery Store with Traumatic Head Injury.

Our client was a 70-year-old woman who went to a Weis Markets grocery store to purchase a rotisserie chicken. She made her purchase at the deli counter, then turned to go to check out. She immediately tripped over a loading cart that had been left behind her. The client fell over the cart, striking her face on the floor.
The client sustained bruises to her face and abdomen. Later, she developed chronic, debilitating migraine headaches. Her treating neurologist testified that the migraine headaches were caused by the injury, and were permanent. The client would be required to undergo painful botox injections to her face and head for the rest of her life, and take medications for “break-through” pain.
Weis Markets denied any fault. Its employee testified that the loading cart was located in front of the client, not behind her. The employee claimed that not only was it in open view, but that she warned the client of its existence. We used internal store photographs and video to demonstrate that the incident happened the way our client described, and it could not have happened the way the store claimed.
Our client originally was represented by another attorney, who urged her to accept a settlement offer of $5,000.00 based on the store’s assessment that the claim was a “nuisance” claim. The client rejected the offer, and hired us. At a settlement conference, the store offered $15,000.00, which we rejected. On the first day of trial, the store increased its offer to $25,000.00, which we also rejected.
The jury returned a verdict in favor of our client and awarded damages as follows: $33,496.49 for past medical expenses; $120,000.00 for future medical expenses; and $750,000.00 for non-economic damages. The total jury award was $903,496.49. (It should be noted that one juror was an attorney who regularly defends against injury claims.)

Note – Every case is different. Our past record is no assurance that we will be successful in reaching a similar, or favorable, result in any future case.

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