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Falling Merchandise Cases

  • Real 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.

  • Stone 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 shopper's head.

  • Rice v. Home Depot, (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 Corp., (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 scapholunate tear).



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