Articles & Publications
- Falling Merchandise: A Primer, Jeffrey A. Hyman, Esq. and Molly E.
- Sky Shelves Can Be Lethal For Shoppers, Davan Maharaj, L.A. Times, August 16,
- Shop at Your Own Risk, abcnews.com, August 17, 2000
- Falling Merchandise Is A New P.I. Niche, Christa Zavitas, 99 LAWYERS WEEKLY
USA 595, June 28, 1999.
Box Retailers: Discovery Abuse, Gilbert T. Adams, III, Esq. and Alto Watson,
III, Esq., TRIAL, p. 39, April 2000
- Wal-Mart: Why An Apology made Sense, Wendy Zellner, Business Week, July
- Liability for Injury to Customer
or Other Invitee of Retail store by Falling of Displayed, Sorted
or Piled Objects, Michael
P. Sullivan, 61 A.L.R. 4th 27 (1988, 2000 Supp.)
- 62 A Am.Jur.2d Premises Liability
§ 595 (1990)
v. Wal-Mart Stores. Inc., (July 2000) Ventura CodR4' Superior
Court, CA No. C1V177 137. A jury awards $365,000 for injuries
sustained by a commercial diver who, while shopping at Wal-Mart,
was struck by 25 pounds of Rubbermaid containers that fell from
a seven-foot high shelf.
v. K-mart Corporation, (May 1999) Arapahoe County District Court, CO
No. 94 CV 2858 and Court of Appeals Case No. 99 CA 1733. A jury
awards $110,000 for injuries sustained by a shopper when an eight-pound
toy box was dropped on her head by a K-mart employee who was stocking
merchandise atop a six-foot shelf.
- Scharrel (II) v. Wal-Mart Stores, Inc., (October 1999) Denver
District Court, CO No. 94 CV 2734. Ajury awards $825,000 for
emotional distress, pain and suffering, depression, anxiety,
and impairment of the quality of life, resulting from a shopper
being struck by 80 pounds of falling merchandise.
- Scharrel (I) v. Wal-Mart Stores. Inc., (April 1995) Denver
District Court, CO 949 P.2d 89 (Cob. App. 1997. Jury awards customer
$3.3 million for permanent brain damage, orthopedic injuries
and inner ear damages and loss of earning capacity resulting
from employee of Wal-Mart dropping two 40-pound ice augers on
- Rice v. Home
(August 2000) Boulder County District Court, CO No. 1999 CV 000788.
Jury awards shopper $1.24 million when a dozen six-foot tall
boxes of bakers racks fell into a metal plant rack, which then
fell on customer. Plaintiff sustained permanent cognitive and
visual impairments and neck and back pain.
- Blau v. K-mart
(January 2000) Jefferson County District Court, CO No. 98 CV
131. Jury awards shopper $190,000, for injuries sustained when
plaintiff reached to select a package of cake mix, which were
stacked five to six cases high, and the stack collapsed and struck
plaintiff. Plaintiff was found 39% negligent. Plaintiff sustained
a wrist injury, and underwent surgery to repair TFC tear and
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