Lexington Jury Awards $144,106 in Falling Shelf Negligence
A shopper was injured when a shelf fell on her head while she was in a store undergoing renovations. She later experienced chronic pain and headaches. The shopper sued the construction companies, alleging negligence. The jury found both the shopper and the companies at fault, awarding damages to the shopper.
Case Information Updated: October 2025
About Head/Brain Injury Injuries
Traumatic brain injuries (TBI) range from mild concussions to severe brain damage. Car accidents are a leading cause of TBI, with effects ranging from temporary symptoms to permanent cognitive impairment.
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $144,106
- County
- Dallas County, KY
- Resolved
- 2022
Injury & Accident Details
- Injury Type
- Head/Brain Injury
- Accident Type
- Other
- Case Type
- Motor Vehicle Accident
Settlement Context
This verdict-plaintiff of $144,106 is near the median of $510,805 for head/brain injury cases resolved by verdict-plaintiff. The typical range is $52,650 to $4,929,085, based on 77 cases in our database.
Case Overview
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.
Understanding This Case
- Most mild TBIs resolve within weeks to months. Moderate to severe TBI often results in permanent impairment affecting cognition, behavior, and physical function.
- This case went to trial and resulted in a jury verdict. Verdicts can yield higher awards but carry the risk of receiving nothing if the jury rules against the plaintiff.
- This case was resolved in Dallas County, Texas. Local jury tendencies, judge assignments, and regional economic conditions all influence case outcomes in this jurisdiction.
- Resolved in 2022, this case reflects the legal and economic conditions of that period, including medical costs, insurance practices, and jury award trends at the time.
VerdictlyTM Score
This outcome aligns very well with similar cases
This score is calculated by analyzing injury type, accident details, geographic location, temporal trends, and comparing against 2,000+ similar cases in our database.
Want to know what your case might be worth?
Get a free case evaluation to understand what your motor vehicle accident case might be worth based on cases like this in Dallas County.
Similar cases you may find useful
Handpicked by matching injury type, accident details, and outcome to this case.
One driver was slowing down in traffic when their vehicle was hit from behind by another car. The driver who was hit claimed injuries to their back, head, and neck. The other driver's insurance paid some of its policy limit. The injured driver then sued their own insurance company for underinsured motorist benefits, claiming their damages exceeded the amount recovered. The defense conceded fault for the accident, and the trial focused on the extent of the injuries.
One driver was traveling on a tollway when their vehicle ran out of gas and became disabled. The other driver, who was following behind, struck the disabled vehicle. The first driver claimed injuries to their neck and back. The jury found the second driver 80% liable and the first driver 20% liable.
One driver stopped their vehicle on a highway when the other driver struck them from behind at a high speed. The impact caused the driver to hit their head and briefly lose consciousness. The injured driver claimed the accident caused a brain injury, preventing them from completing college studies, and also affected their ability to care for their young son. The other driver admitted to the collision but disputed the extent and cause of the injuries.
One driver stopped in traffic due to construction. The other driver rear-ended the stopped vehicle. The injured driver claimed ankle and back injuries. The defense argued the accident was unavoidable or that the driver acted as an ordinary and prudent driver. The jury found the second driver liable but awarded no damages.
One driver was proceeding through an intersection when their vehicle collided with another vehicle making a left turn. The injured driver claimed injuries to their back and neck. The case involved a claim against the injured driver's own insurer for underinsured motorist benefits after an initial settlement with the at-fault driver's insurer.
Explore More Cases Like This
Browse similar cases by injury type and location to get a better understanding of case values in your area.