Shareholder Edward W. Hearn recently secured a favorable result defending a retailer in Lake County, Indiana. In this personal injury case, the plaintiff requested $996,000. The result was a returned verdict of $130,000.
In this case, the plaintiff was injured when a shelf in the store broke and product struck the plaintiff on the back. The retailer admitted fault for improperly placing the shelf that fell, but challenged the proximate cause of the plaintiff’s injuries and the damages sought. The plaintiff ultimately claimed that she required surgery on both her neck and shoulder, claiming medical expenses were over $140,000, with lost wages of about $20,000. According to a medical expert, the plaintiff completed her treatment for the store incident in December 2010, prior to the surgeries. Mr. Hearn successfully argued that the surgeries were unrelated to the incident and were due to an auto accident that occurred later.
The plaintiff’s final demand was $615,000, asking the jury for $996,000. After a 3-day trial, the jury returned a verdict of $130,000.
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