Facts of the Case
The plaintiff a Walmart customer, was exiting the Sam's Club in Portage, Michigan, while carrying a package of 15 rolls of paper towels in front of him on June 10, 1995. As he was going to his vehicle, he was walking alongside a trailer-mounted barbecue, which was selling ribs in the parking lot with the permission of that Sam's Club location.
As the plaintiff attempted to pass between the barbecue trailer and a parked car, he tripped over the trailer's tongue and fell. His fall ended up leaving him unable to perform his duties as a surgeon.
After going to court, the plaintiff won a settlement for $5,288,500 in damages.
Why was the Plaintiff's Claim Successful?
The claimant won the personal injury claim against the defendant because the injury was the result of dangerous conditions that existed because the store's gave the barbecue trailer's owner permission to park on their property and sell their products there.
According to the summary, the trailer was parked across the top of two parking spaces with a car parked in the space to the right of the assembly of the trailer winch and tongue. It also indicated that a light post was mounted in front of where the car was parked.
While the plaintiff admitted he was looking straight ahead and not down toward the ground, the court determined the defendant was 75% responsible for the plaintiff injuries.
Additional Damages Due to Loss of Future Wages
The plaintiff was a surgeon. After his fall, he could no longer perform surgery, which was his profession. The high award was to compensate for Butler's loss of his career, his pain and suffering, and his emotional and mental suffering resulting from the injuries he sustained.
In this personal injury case, the court agreed that the plainitff received life-altering injuries and long-term disabilities because of the fall..
Get the Help You Deserve With a Personal Injury Attorney
If you have suffered an injury while shopping at a Walmart or Sam's Club, or any established business you should consult with a personal injury attorney. A personal injury attorney can gather the appropriate evidence and knows how to pursue your personal injury claim.
Personal injury attorneys aren't paid until your claim has been won.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Walmart, or another party, you may not be entitled to any compensation.
**Case Taken from Justia: law.justia.com/cases/michigan/court-of-appeals-unpublished/2001/20010327-c219203-73-219203-opn.html
