Jury awards $7.5 million to man who shattered hip buying watermelon at Walmart

[brassmonkey]

rmy veteran Henry Walker was trying to buy a watermelon at a Walmart in Alabama when his foot got stuck in a wooden pallet. When he turned, the 59-year-old fell, breaking his hip.

Walker sued Walmart over the 2015 accident, and an Alabama jury has now ruled that he should be awarded $7.5 million.

"You don't expect to go into a grocery store walking fine on your two feet and come out on a stretcher," Walker's attorney Shaun O'Hara told AL.com.

A Walmart spokesman said the company plans to appeal.

"We are disappointed in the verdict," said the spokesman, Randy Hargrove. "We appreciate the jury's service, however we believe that the damages awarded were excessive in light of the facts of this case."

The incident unfolded on June 25, 2015, when Walker went to a Walmart store in Phenix City, Alabama, according to court documents.

Walker reached to pick a melon from a display, and his foot became lodged in the pallet under the watermelon container. He turned, unaware that the pallet was there, and fell and shattered his hip, court documents state.

He sued the retail giant on claims of negligence and wantonness. Attorneys presented the case Tuesday and Wednesday in Russell County Circuit Court.

Walmart had a responsibility to its customers to provide a safe environment and should have known the pallet could cause an injury, his lawyers argued. But the company said the display was not dangerous, according to a Wednesday court filing.

The jury deliberated for about two hours late Wednesday before ruling in favor of Walker, awarding him $2.5 million in compensatory damages and $5 million in punitive damages.

"I think this jury appreciated what Mr. Walker went through and they compensated him accordingly," another one of his attorneys, David Rayfield, told the Ledger-Enquirer. "This is a great verdict for the community because this jury wanted to make sure it was safe for shoppers."

Jurors reviewed security footage from the store and saw that Walker wasn't the only person to get his foot stuck in the side openings of a wooden pallet on the floor, O'Hara said.

Hargrove, the Walmart spokesman, said he could not comment on the use of wooden pallets or the chain's safety procedures, saying the case is an "ongoing matter" since the company plans to appeal.

O'Hara told AL.com that the incident "completely changed Henry Walker's life." Among other things, the Army veteran who used to play basketball three days a week now needs to use a walker, he said.

"He is no longer able to do everyday activities that many of us take for granted," the attorney said.

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[HairyChick]

I saw that online last night. Who steps up to a display and doesn?t look down first? Didn?t he feel it? He?s a klutz, but millions??

[RyuLion]

Originally Posted by PamWinterReturns

I saw that online last night. Who steps up to a display and doesn?t look down first? Didn?t he feel it? He?s a klutz, but millions??

He probably planned it..

[Rochard]

I saw this. I understand the man got hurt. I understand the man now walks with a walker. However, he stepped on a god damn pallet. Every large retail store in the country uses pallets. Isn't it his fault for stepping on the display?

Years ago my grandmother slipped and fell on some liquid in a store aisle, and she broke her hip. It was pretty bad; She was in the hospital for months. My grandmother sued the store, and while she didn't get millions she had a fair payday. But at what point is it the store's fault if you hurt yourself? Isn't it my grandmother's fault that she slipped and fell because she failed to see the water and failed to avoid it? I mean.... If your car slides on ice on the road and you crash you can't sue the city because they failed to remove the ice...

What I am saying is... An accident is an accident. You shouldn't be able to sue someone because you failed to see the dangers of stepping on a pallet.

[brassmonkey]

haters gone hate

[shake]

I hate this kind of statement "You don't expect to go into a grocery store walking fine on your two feet and come out on a stretcher" The same could be said for almost any accident, no matter who's fault it is.

[TheDynasty]

Wrong image



that was one of the four killed in niger

[HairyChick]

I thought he looked damned good for 59!!

[kane]

Originally Posted by Rochard

I saw this. I understand the man got hurt. I understand the man now walks with a walker. However, he stepped on a god damn pallet. Every large retail store in the country uses pallets. Isn't it his fault for stepping on the display?

Years ago my grandmother slipped and fell on some liquid in a store aisle, and she broke her hip. It was pretty bad; She was in the hospital for months. My grandmother sued the store, and while she didn't get millions she had a fair payday. But at what point is it the store's fault if you hurt yourself? Isn't it my grandmother's fault that she slipped and fell because she failed to see the water and failed to avoid it? I mean.... If your car slides on ice on the road and you crash you can't sue the city because they failed to remove the ice...

What I am saying is... An accident is an accident. You shouldn't be able to sue someone because you failed to see the dangers of stepping on a pallet.

I understand your position and agree with you that millions are likely way too much, but I can see how a person can fall in a store. When I was in my early 20's in pretty decent shape I fell hard in a grocery store. There was a puddle of water and with the fluorescent lights and white floor, I didn't see it because I was looking at the shelf trying to find something, not the floor. I stepped in the puddle, my foot slid forward and I ate shit. Luckily, I wasn't hurt.

There is a big difference between ice on a road and water on a store floor. A city doesn't have control over nature nor does it have the manpower to immediately clear every piece of ice from the road. Not to mention, when you are driving your job is to watch the road and be careful (although I admit ice can be hard to see) so you can expect ice if it is cold. You don't expect to be looking at chips and suddenly have one of your feet slip out from under you because you stepped on a slippery spot on the floor.

[brassmonkey]

Originally Posted by TheDynasty

Wrong image



that was one of the four killed in niger

figured the butler would find this. get me a samich! figures they removed the image from the walmart case in image search

[Paul Markham]

Don't you just love those lawyers?

[brassmonkey]

Originally Posted by Paul Markham

Don't you just love those lawyers?

what's your point? u could easily say that about a cop that gave you a ticket. it's their job. would u refuse a huge commission like that if your were a lawyer?? nope!