Corpus Christi Jury Awards $43.6 Million in Parking Lot Negligence

An elderly woman was severely injured after being struck by a truck in the parking lot of a Wal-Mart in Corpus Christi, Texas, on January 27, 2014. The 78-year-old plaintiff sustained multiple fractures and a severe ankle injury, requiring extensive medical treatment and rehabilitation. She subsequently filed suit in the District Court of Nueces County against Wal-Mart Stores Texas LLC and the driver of the truck.

The plaintiff alleged the driver's negligence in failing to maintain a proper lookout, yield the right-of-way, control speed, and brake. Wal-Mart Stores Texas LLC was accused of gross negligence for lacking stop signs in congested parking lot areas. The plaintiff sought actual and punitive damages; both defendants denied negligence and disputed the damages claim.

During the five-day trial, a traffic engineer for the plaintiff testified that the lack of stop signs or markings created an unreasonable risk of injury to customers. Wal-Mart's traffic engineering expert countered that the area was not unreasonably dangerous, while its accident reconstruction expert opined that the incident's outcome might have still occurred even if the driver had come to a stop.

The jury deliberated for two hours before finding unanimously for the plaintiff. The jury assigned Wal-Mart 75% fault for negligence and comparative responsibility, with the remaining fault assigned to the plaintiff. Wal-Mart was also found grossly negligent. The jury awarded the plaintiff $43.6 million, which included $13.6 million in actual damages and $30 million in punitive damages.