$1,175,000 Settlement for Shopper Injured Due to Store Negligence

A woman was shopping in a New York supermarket when 4 to 6 gallon jugs of juice suddenly fell on her. As a result of the incident, she sustained worsening of a pre-existing cervical herniated disc and a tear in her left shoulder. Represented by attorneys at Block O’Toole & Murphy, she sued the store for the negligence in the way they stacked the juice bottles. She was awarded a $1,175,000 settlement.

Court and County
Supreme Kings

Age and Occupation of Plaintiff
Plaintiff was a 38 year-old home attendant.

Description of Case
Plaintiff was shopping at a supermarket near her home in the Bronx. She was pushing her cart down the middle of an aisle, when suddenly 4-6 gallon jugs of cranberry juice fell down from the display to her left, a distance of approximately 15 feet, and landed on Plaintiff’s head, neck and left shoulder. Plaintiff sued the supermarket, arguing that the store’s employees were negligent in the manner in which they had stacked the juice bottles.

The Law Firm of Block O’Toole & Murphy has a successful track record in litigating store injury cases, including a $3.2 million verdict in a grocery store lawsuit and a $2.75 million settlement for a woman who tripped and fell at a shopping center. To learn more about your rights after an accident at a grocery store, retail store, mall, or other retail establishment, please call 212-736-5300.

Injuries/Damages
Plaintiff suffered an exacerbation of a prior neck condition. She had a pre-existing herniated disc in her cervical spine at C5/C6, and a long history of prior neck complaints. This incident worsened her neck pain, leading to a neck surgery consisting of a microdiscectomy with fusion at the C5/C6 level. Plaintiff also sustained a tear of the glenoid labrum in her left shoulder, which was addressed operatively via arthroscopy.

Defendants pointed to Plaintiff’s prior cervical spine herniation at the same level, and lost history of severe neck complaints in arguing that Plaintiff’s neck problems all existed before the incident. They further argued that Plaintiff’s other unrelated medical conditions, such as her severe migraine headaches and heart condition that required her to be on oxygen, impacted her life far greater than the injuries suffered in this incident. Plaintiff had no lost earnings claim.

Settlement Amount
$1,175,000

Handling Attorneys
This case was handled by Partners Stephen J. Murphy, Esq. (lead) and David L. Scher, Esq.