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Scharrel v. Wal-Mart Stores (I) (April 1995) Denver District Court, CO, Case No. 94 CV2734. Jury awards $3.3 million to businessman Phillip Scharrel who sustained permanent mild traumatic brain and orthopedic injuries when two 40-pound ice augers fell on his head at a Littleton, Colorado Wal-Mart store. See 949 P.2d 89 (Colo. App. 1997). See also Scharrel v. Wal-Mart (II) (October 1999). Jury awards Mr. Scharrel $825,000 for emotional distress, pain and suffering.  See also Phillip Scharrel v. Wal-Mart Stores, Inc.(III) (November 2001) Denver District Court, CO, Case No. 94CV2734 (Colo. App. 2001). After retrial solely on the issue of non-economic damages, the Colorado Court of Appeals upholds the award for emotional distress and permanent physical pain and suffering. A judgment is entered in the approximate amount of $970,000 which represents the award, interests and costs.

"This concludes the long and bitter struggle of the Scharrel litigation," said Jeffrey A. Hyman, attorney for Mr. Scharrel. "As the leading falling merchandise case in the United States, it brought to light the dangerous nature of high-stacking in the retail warehouse shopping environment."

Articles & Publications


Trujillo v. Wal-Mart Stores (March 1996) Denver District Court, CO, Case No. 95 CV 2720. Jury awards $435,000 to nurse Barbara Trujillo who was hit by 30 pounds of falling merchandise. Her permanent back injury prohibits her from working as a hospital nurse.

Articles & Publications



Wright v. Wal-Mart Stores (December 1997) Mecklenberg County Superior Court, NC, Case No. 96 CVS 7189. Sherry Wright sustained mild traumatic brain injury when struck by 50 pounds of falling merchandise in the toy department while shopping for Christmas gifts at a Charlotte, North Carolina Wal-Mart. On the first day of trial, a confidential settlement was reached.



Chamberlain v. Wal-Mart Stores (November 1997) Arapahoe County District Court, CO, Case No. 95 CV1465. $513,00 jury verdict in favor of Ruth Chamberlain for injuries sustained in a trip-and-fall incident at an Aurora Wal-Mart that caused head, neck and facial injuries.

Articles & Publications




Koepnick v. Wal-Mart Stores (March 1998) Maricopa County Superior Court, AZ, Case No. CV95-14556. Kamille Koepnick received crushing bodily injuries when four 40-pound gas grills fell from a display. A confidential settlement was reached after the first week of trial.


Isaacs v. Home Depot (August 1998) Ida County Court, ID, Case No. CVOC 9702941D. Jamie Isaacs received a confidential settlement for bodily injuries sustained in a Boise, Idaho, Home Depot store when she was hit by a 150-pound water heater which fell from an 16 foot high shelf. Ms. Isaacs was seven months pregnant at that time.


Morely v. Home Depot (September 1998) Denver District Court, CO, Case No. 97 CV 5616. Thomas Morely sustained brain damage and bodily injuries including a crushed foot when four pallets of roofing shingles, weighing approximately 14,000 pounds and stacked approximately 14 feet high, collapsed and buried him. A confidential settlement was reached.


Kilgo v. Wal-Mart Stores (November 1998) Mecklenberg County Superior Court, NC, Case No. 97 CVS 14723. A jury awarded $2.2 million to trucker Louis Kilgo for permanent brain damage and other injuries sustained when 1,000 pounds of merchandise fell from an improperly loaded tractor-trailer.

Articles & Publications


Stone v. Kmart (May 1999) Arapahoe County District Court, CO, Case No. 94 CV 2858. A jury awarded $110,000 to Teresa Stone who sustained permanent headaches as a result of high-stacked merchandise, which fell on her while shopping for Christmas toys with her young son.

Articles & Publications


Thompson v. Wal-Mart Stores (June 2000) United States District Court, District of New Mexico, Case No. CIV 98-1034 J C/WWD. Janice Thompson sustained bodily injury when a seven foot stack of cat litter fell on her at an Albuquerque, New Mexico, Wal-Mart store. She accepted a settlement of $75,000.


Real v. Wal-Mart Stores (July 2000) Ventura County Superior Court, CA, Case No. 177137. A jury awarded $365,000 to Gregory Real, a commercial diver, for injuries sustained when he was struck by approximately 20 pounds of merchandise which fell from a seven foot shelf at an Oxnard Wal-Mart.  Wal-Mart appealed the personal injury judgment but the Court affirmed the original decision. (January 2002) 2d Civil No. B145819 (Super.Ct.No. CIV177137) Ventura County

Articles & Publications


Lorinovich v. Kmart Corp., 516 S.E.2nd 643 (N.C. App. 1999)


Nguyen v. Toys' R' Us - Texas, Inc., No. 1999-18667 (Tex., Harris County, 334th Jud.Dist.Ct.,Nov. 15, 2000)


Shafer v. Wal-Mart Stores, Inc., Nos. 97-16534, 97-16537, 1999 WL 197238 (9th Cir.1999)


Mannina v. Wal-Mart Stores, Inc., No. 99 CA 1102, 2000 WL 232609 (La. App. Ct. 2000)


Cochran v. Lowe's Home Center, Inc., 487 S.E.2d 50 (Ga. App.1997)


Craig R. Johnson v. K-Mart Corporation d/b/a Super K-Mart Center 00-CV-9400



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