Lexington Jury Awards $144,106 in Falling Shelf Negligence

In May 2015, a 64-year-old shopper at a Kroger store in Lexington was struck in the back of the head by a falling shelf while reaching for pretzels. The store was undergoing renovations at the time. The plaintiff was taken to an emergency room and later diagnosed with an occipital nerve injury, which led to chronic pain, headaches, and dizziness requiring ongoing treatment. The shopper subsequently filed a negligence lawsuit against the contractors, Buffalo Construction and Marvel Construction, for failing to protect the public during renovations.

The plaintiff sought damages for past and future medical expenses, totaling over $500,000, along with compensation for past and future pain and suffering. Evidence presented indicated the shelf had been unscrewed by the defendants prior to the incident. A life care plan expert quantified the plaintiff's future medical needs.

The defendants contested liability, arguing the shopping aisle was protected by a rope, a warning cone, and a verbal warning from a construction employee. They claimed the plaintiff failed to heed these warnings and was solely at fault. The defense also minimized the injury, suggesting the plaintiff's long-term symptoms were instead related to a subsequent automobile crash that occurred six weeks after the shelving incident. An independent medical examiner supported this, attributing only initial treatments to the falling shelf.

After a four-day trial in Lexington, a jury found both the defendants and the plaintiff at fault. The defendants were assessed 85% of the fault, with the plaintiff bearing the remaining 15%. The jury awarded the plaintiff $84,537 for medical expenses, $40,000 for future care, $15,000 for past suffering, and $30,000 for future suffering, for a total raw verdict of $169,537. The anticipated judgment, reduced by comparative fault, was $144,106.