The following are excerpts from an article titled “99 Verdicts Against Wal-Mart.” We strongly encourage you to read the entire summary as we only reposted the Missouri cases Mr. Laska mentions. The full article can be found here:
Member of the Nashville, Tennessee Bar
Published by the
Wal-Mart Litigation Project
Nashville, Tennessee 37203
Fax: (615) 255-6289
www.wal-martlitigation.com
Copyright © Lewis L. Laska 1999, 2009
Wal-Mart Litigation Project States that he purpose of 99 Verdicts Against Wal-Mart is to educate plaintiffs’ lawyers about cases similar to their own against Wal-Mart and facilitate communication between plaintiffs’ lawyers on issues of discovery, law and litigation tactics.
According to the Wal-Mart Litigation Project Wal-Mart is sued two to five times each day somewhere in the United States. “These cases involve slip-and-falls, falling merchandise, and false imprisonment/malicious prosecution. They also involve suits brought by employees alleging various kinds of discrimination. Also, the company is sued on a wide range of matters such as pharmacy malpractice, defective products, broken contracts with vendors, and copyright violations.”
“Missouri Woman Injures Neck After Tripping on Frozen Floor Mat — Appeals Court Affirms $275,000 Award
Plaintiff, age 49, injured her neck when she fell after tripping on a floor mat in the vestibule of the Wal-Mart store. A combination of moisture tracked into the store and cold weather caused the mat to freeze so that it no longer laid flat. Before plaintiff fell, an observer saw two or three people slip on the floor mat and told the store’s assistant manager about the problem. A Wal-Mart training video tape identified floor mats as a “big problem” of safety. It was not an error for the court to refuse to instruct the jury that corporations should be entitled to the same fair trial as a private individual. The appeals court affirmed the jury’s $275,000 award.
Barbara A. Preston v. Wal-Mart, 923 S.W.2d 426 (Mo.App. W.D. 1996). John E. Turner, Kansas City, MO for plaintiff. Kevin R. Locke, Kansas City, MO for Wal-Mart.
Missouri Plaintiff Injures Leg After Slipping on Liquid Soap — Seventh Circuit Affirms $18,750 Award
Plaintiff injured her leg when she fell after slipping on liquid soap on the aisle floor. No leaking container was found. The jury awarded plaintiff $18,750. The Seventh Circuit affirmed the award.
Dolores Howard v. Wal-Mart, 160 F.3d 358 (7th Cir. 1998). Joan M. Lockwood, St. Louis, MO for plaintiff. James E. DeFranco, Belleville, IL for Wal-Mart.
Missouri Man Suffers Herniated Disc After Slipping on Spilled Dog Food in Pet Food Aisle — $540,000 Missouri Award
Plaintiff, age 38, suffered a herniated disc at T11-12 when he fell after slipping on spilled dog food that was in the pet food aisle of the defendant store. Plaintiff could not return to work after the injury. Plaintiff contended that Wal-Mart failed to clean the area, barricade it, or warn its customers of the danger. The jury returned a verdict of $660,000, but reduced the award by 20 percent for comparative negligence.
Dennis Emery v. Wal-Mart, 976 S.W.2d 438 (Mo.1998). Thomas A. Connelly, St. Louis, MO for plaintiff. Jeffry Thompson, St. Louis, MO for Wal-Mart.
Missouri Shopper Suffers Herniated Disc After Tripping Over Two-Wheel Dolly in Store Aisle — $45,000 Missouri Award
Plaintiff, age 56, suffered a herniated disc at L5-S1 when he fell after tripping over a two-wheel dolly in the store aisle. Plaintiff’s wife added a claim for loss of consortium. Wal-Mart maintained that the dolly was in plain view and that plaintiff failed to pay attention to his surroundings. The jury returned a verdict of $150,000, but reduced the award by 70 percent for comparative negligence. Plaintiff’s wife received nothing for her claim.
Hastings v. Wal-Mart, U.S. District Court, Western District of Missouri, Case No,. 94-CV-0830. Franklin T. Thackery and Daniel L. Duncan, St. Joseph, MO for plaintiffs. Kevin R. Locke, Kansas City, MO for Wal-Mart.
Missouri Woman Suffers Herniated Disc and Arm, Leg and Hand Injuries After Being Hit by Falling Merchandise — $337,500 Award
Plaintiff suffered a herniated disc and injuries to her arms, legs and right hand when boxes fell from an overhead display and hit her. Between the time of the incident and trial, plaintiff was diagnosed with multiple sclerosis. The appeals court ruled that it was not an error for plaintiff to introduce evidence of the interaction of her injuries with her multiple sclerosis. The appeals court affirmed the jury’s $337,000 award.
Betty Shannon v. Wal-Mart, 974 S.W.2d 588 (MO. App. W.D. 1998). John Turner, Kansas City, MO for plaintiff. Michael Jerde
Shopper Injures Leg, Ankle, Hip, Lower Back and Shoulder After Tripping on Microwave Box — $15,000 Missouri Award
Plaintiff, age 41, suffered soft tissue injuries to her right leg, ankle, hip, lower back and shoulder when she fell after tripping over a microwave box that was protruding into the aisle. Wal-Mart countered that plaintiff failed to keep a proper lookout. The jury returned a verdict for $150,000, but reduced the award by 90 percent for comparative negligence.
Whitaker v. Wal-Mart, St. Louis (MO) Circuit Court, Case No. 606830. Steven C. Gelber, Clayton, MO for plaintiff. Stefan J. Glynias, St. Louis, MO for Wal-Mart.
Sixty-Three-Year-Old Woman Requires Knee Surgery After Tripping Over Empty Display Pallet — $180,000 Missouri Award
Plaintiff, age 63, required surgery for a knee sprain when she fell after tripping over an empty display pallet at the store. Wal-Mart maintained that the third party defendant, County Distributing, was responsible for leaving the pallet empty. The store also alleged that plaintiff’s injuries were preexisting or the result of aging. The jury returned a $200,000 verdict against Wal-Mart, but reduced the award by 10 percent for contributory negligence. It returned a defense verdict for the third party defendant.
Sandy v. Wal-Mart, Pettis County (MO) Circuit Court, Case
CV496-291CC. George A. Tyree, Blue Springs, MO for plaintiff. Michael J. Jerde, Kansas City, MO for Wal-Mart.
Shopper Wrongfully Arrested for Passing Bad Check at Sam’s Club — $40,000 Missouri Award
Plaintiff sued Sam’s Club for malicious prosecution after being charged with writing a bad check at the store. Plaintiff was arrested and held in jail for seven hours; the charges were dismissed four days later when it was determined that the plaintiff’s brother passed the bad check.
The jury awarded plaintiff $30,000 in actual damages and $10,000 in punitive damages.
Richardson v. Wal-Mart, Clay County (MO) Circuit Court, Case No. CV193-7379-CC. Benny J. Harding and David J. Weimer for plaintiff. Kevin R. Locke and David S. Baker for Wal-Mart.
Missouri Female Employee Subjected to Hostile Work Environment — Eighth Circuit Affirms $35,000 Compensatory Damages Award, Reduces Punitive Damages Award to $350,000
Plaintiff, a former Wal-Mart employee, sued the store for sexual harassment, hostile work environment and constructive discharge after sexual remarks and other offensive conduct by her supervisor and an assistant store manager forced her to leave her job. Store management repeatedly ignored plaintiff’s complaints, even though Wal-Mart’s corporate policy had mandated that it investigate allegations of sexual harassment. Plaintiff failed to present evidence of serious sexual assault or physical touching, quid pro quo harassment, or retaliation for complaints.
It was not an error to allow plaintiff to introduce evidence of sexual harassment that had happened outside of the limitations period, since the evidence could illustrate a pattern of sex discrimination and a hostile work environment. It was also not an error to submit the question of punitive damages to the jury.
The jury found Wal-Mart liable on the hostile work environment and constructive discharge claims and awarded plaintiff $35,000 for compensatory damages, $1 for back pay, and fifty million dollars for punitive damages. After trial, the district court reduced the punitive damages award to five million dollars. On appeal, the Eighth Circuit reduced the punitive damages award to $350,000, but affirmed the remainder of the jury’s verdict.
Peggy Kimzey v. Wal-Mart, 107 F.3d 568 (8th Cir. 1997). Carla G. Holste, Michael J. Wahoske, George A. Koeck and Robert J. Borhart, Jefferson City, MO for plaintiff. David A. Ranheim, Ronald R. McMillin and Timothy E. Gannon, Minneapolis, MN for Wal-Mart.