Woman wins Wal-Mart lawsuit
$331,000 I An 81year-old prevails in the case involving a falling sign that broke her foot
By AIMEE GREEN – THE OREGONIAN – 6/12/08
A Multnomah County jury on Wednesday unanimously awarded an 81-year-old Wal-Mart shopper $331,000 for injuries she received when a store display dropped on her foot, breaking it.
“They gave us every nickel we asked for, and they gave it to us in 35 minutes,” attorney Greg Kafoury said, referring to the time jurors spent deliberating. Lois Whitmore, who was 78 at the time, had been pushing one of her grandchildren in a shopping cart at the Wal-Mart at 4200 S.E. 82nd Ave. on the day of the mishap. As they passed through the store’s pharmacy section, a rack holding brochures dropped onto her foot, causing lasting injury.
“Because it healed improperly, it hurts with every step she takes,” Kafoury said, adding that his client, a retired nanny, used to walk two to three miles a day.
Attorneys for the superstore couldn’t be reached for comment Wednesday, and a company spokeswoman in Arkansas said she wasn’t familiar with the case.
Kafoury said Wal-Mart attorneys had tried to stop him from seeing the store’s incident reports, which three employees filled out shortly after the woman was injured three years ago.
He said those reports directly contradicted the employees’ later depositions and testimony.
The incident reports said the employees found Whitmore sitting on a bench after the display fell on her. But during depositions and testimony, the employees said they encountered Whitmore sitting on an electric cart. They said they suspected she drove the cart into the display, causing it to fall, Kafoury said.
“All three changed their story,” Kafoury said.
In opening statements, Kafoury said Wal-Mart employees responded to the accident by handing the woman an icepack instead of calling for an ambulance. He said the woman’s daughter summoned medical help:The daughter also said that a Wal-Mart employee immediately hung up the display rack without making any effort to better secure it.
Jurors awarded Whitmore $3,600 in medical expenses and the rest in non-economic damages.