Lebanon, TN Jury Awards $1,481,655 in Store Cart Injury

In September 2022, while shopping at a Wal-Mart in Lebanon, TN, a 59-year-old massage therapist from Mt. Juliet, TN, was struck by an Online Pick-up and Delivery cart pushed by an employee. The plaintiff, who was bending down to examine shelving, was hit twice and knocked over by the cart, which was laden with crates. She reported hitting her head and experiencing acute shoulder pain. The plaintiff had a pre-existing wrist injury from a March 2022 motor vehicle accident, which was being treated by a chiropractor. Her shoulder pain persisted, leading to surgery in November 2022 for a labral repair and subsequent procedures on her elbow. A pain management physician in Nashville, TN, later diagnosed her with Complex Regional Pain Syndrome, indicating a need for ongoing care.

The plaintiff filed a lawsuit against Wal-Mart in federal court, alleging negligence by the employee in operating the cart. She sought damages for past and future medical expenses, economic losses, and non-economic suffering. The plaintiff's husband also presented a derivative claim for loss of consortium. Wal-Mart denied liability, arguing that the plaintiff's injuries were pre-existing or exacerbated by her earlier car accident, and that the plaintiff failed to maintain a proper lookout. The presiding judge denied the plaintiff's motion for a directed verdict on the issue of her comparative fault.

After a four-day trial, the jury deliberated and returned a verdict in favor of the plaintiff. The jury found Wal-Mart solely at fault, rejecting any claim of comparative negligence by the plaintiff. The jury awarded the plaintiff $184,784 for past medical expenses, $475,000 for future medical expenses, $29,295 for past economic damages, $42,612 for future economic damages, $300,000 for past non-economic damages, and $2.3 million for future non-economic damages. The plaintiff's husband was awarded $100,000 for his consortium claim, bringing the total raw verdict to $3,431,665.

However, the final judgment entered by the court was for $1,481,655. This reduction resulted from the application of Tennessee's tort reform statutes, which capped non-economic damages at $750,000. The cap reduced the non-economic damage award by $1.95 million.