Corporate Negligence Lawsuit Results in $1.3 Million Plaintiff’s Verdict Following Shopping Cart Injury

Earlier this month in Ohio, a woman recovered over $1.3 million for the injuries she sustained in an accident that occurred at a local supermarket. According to an industry news source reporting on the case, the woman was injured when another customer accidentally struck her with a motorized grocery cart. The plaintiff claimed that the supermarket chain was negligent for failing to provide adequate instructions for the customers who used the motorized carts. During the discovery process of the woman’s lawsuit, it was uncovered that there were 119 other accidents in the same grocery store chain involving electric shopping carts. The woman used this fact to argue that the store’s management knew that there was a danger in providing the carts to customers, but it ...

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Plaintiff’s Premises Liability Case Arising from Grocery Store Slip-and-Fall Dismissed

Earlier this month, the Nebraska Supreme Court issued a written opinion in a premises liability case, dismissing the plaintiff’s claim against the defendant grocery store because the plaintiff failed to present sufficient evidence that the defendant caused, or even knew of, the dangerous condition that precipitated her fall. As a result of the court’s decision in the case, Edwards v. Hy-Vee, the plaintiff will not be entitled to recover compensation for her injuries. A Woman Slips and Falls on a Piece of Watermelon Edwards slipped and fell on a piece of watermelon as she was leaving a grocery store that was owned and operated by Hy-Vee. After Edwards got up, she not only noticed that there was a watermelon seed stuck to the botto...

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Plaintiffs Must Submit Evidence of Each Element before Being Entitled to Compensation in Any Personal Injury Lawsuit

In most cases alleging that one party’s negligence caused another party’s injuries, the lawsuit is based on the legal theory of negligence. Before a negligence lawsuit is even permitted to go to trial, a judge must determine that a prima facie case of negligence exists. This is a question of whether, taking all evidence in the light most favorable to the plaintiff, the plaintiff has made out a bare-bones case. If not, the court is proper in dismissing the lawsuit before submitting the case to a jury. In negligence cases, there are four elements that must be met:  duty, breach, causation, and damages. In other words, a plaintiff must establish that the named defendant violated some duty of care that they owed the plaintiff, and the plaintiff was injured as a result of that breach. A plaintiff’s failure to submit proof of any of these elements can result in the court dismiss...

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Little League Association Found Not To Be Liable for Injury Occurring on Baseball Field

Earlier this month, another state’s supreme court issued a written opinion in a case brought by a parent injured while attending her son’s little league baseball game. The case was brought by the parent against the little league association, claiming that the association was negligent for failing to maintain the field. The court ultimately dismissed the case against the association, based on the court’s determination that the association did not owe the plaintiff a duty to keep the field safe. Carlson v. Towne of South Kingstown: The Facts of the Case The plaintiff was the mother of a boy who was competing in a baseball game organized by the defendant. The defendant, however, did not own the field. The injury occurred shortly a...

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