Lois Whitmore, 78, suffered a severe fracture to her foot when a heavy steel display fell from its perch in an aisle at Walmart. Walmart claimed that she must have knocked the steel display down by banging into it while operating one of the motorized scooters that Wal-Mart provides for the use of the disabled. Walmart employees testified at deposition that they rushed to the scene when they heard the crash and that Mrs. Whitmore was sitting on a scooter. Whitmore and her daughter testified that no scooter was even in the vicinity, and that Louis was sitting on a bench immediately after the injury.
Just before trial, our firm forced the production of the incident reports, in which all three Walmart employees had written that Mrs. Whitmore was on a bench, and none mentioned a scooter. The jury returned after only 35 minutes, unanimously awarding the prayer of $331,000.