The incident occurred when plaintiff, a 59-year-old woman, was shopping in a retail store owned and operated by Roe Corporation.
While assisting the plaintiff, store employee Poe attempted to retrieve an item of merchandise from a shelf. As he did that, several other items of merchandise fell toward the aisle. One of those items struck the plaintiff on the head.
Despite the fact that plaintiff had been struck in the head and already was experiencing symptoms from the blow, plaintiff was able to complete an incident report in the store. Plaintiff then left the store under her own power and drove herself home.
Defendants argued that plaintiff could not prove how and why the merchandise fell, and defendants claimed that there was no causal connection between Poe’s actions and the falling merchandise. Defendants also claimed that the plaintiff sustained no injuries and was exaggerating or feigning her claimed injuries.[17-T-197]
Type of action: Personal Injury, falling merchandise
Injuries alleged: Traumatic Brain Injury
Court: York County Circuit Court
Case no.: Confidential
Tried before: Mediation
Name of judge or mediator: Judge Thomas Shadrick (Ret.)
Date resolved: Sept. 8, 2017
Special damages: Past Medical Bills – $26,690.04
Verdict or settlement: Settlement
Attorneys for plaintiff: Stephen M. Smith and David B. Holt, Hampton; Edward E. Scher, Richmond