Plaintiff was shopping at a retail store in Chattanooga. While shopping, plaintiff failed to see a skateboard on the floor in the aisle. Plaintiff’s foot hit the skateboard and he fell to the ground. He broke his elbow. The retailer denied knowledge of the hazard and asserted the presence of the skateboard was open and obvious. The retailer also stipulated to plaintiff’s medicals ($72,412) and lost wages ($25,472). Plaintiff also claimed $225,000 in pain and suffering. The jury returned a verdict in favor of plaintiff in the amount of $332,885, but assessed 35% of the fault against the plaintiff. A judgment was entered against the retailer less the 35% reduction for plaintiff’s comparative fault.
Sean W. Martin, is a shareholder in the Chattanooga, Tennessee office of Carr Allison. Sean can be reached at swmartin@carrallison.com or (423) 648-9834.
