Premises Liability
Plaintiff received electric shock from damaged door buzzer
| (P) $254,176.05 | |
| Failure to Warn, Premises Liability - Negligent Repair and/or Maintenance, Premises Liability - Dangerous Condition | |
| Roderick Nash v. Wal-Mart Texas Stores LLC, d/b/a Wal-Mart Store No. 2649, No. 11-1100176 | |
| Dallas County Court at Law No. 3, TX | |
| Sally Montgomery |
|
| 12-06-2012 |
- Brian P. Lauten; Sawicki & Lauten LLP; Dallas, TX, for Roderick Nash
- Edward Wolski M.D.; Pain Management; Denton, TX called by: Brian Lauten
- John Trapani Ph.D.; Economics; New Orleans, LA called by: Brian Lauten
- Jas S. Braich; Willis Law Group; Dallas, TX, for Wal-Mart Texas Stores LLC
- Foster Reese; Willis Law Group; Dallas, TX, for Wal-Mart Texas Stores LLC
- Jay Boulas M.D.; Orthopedic Surgery; Dallas, TX called by: Jas Braich, Foster Reese
On July 27, 2009, plaintiff Roderick Nash, 36, was in the receiving area of a Wal-Mart store in Dallas to service a trash compactor. When he rang the buzzer at the door, he received an electrical shock. He claimed a shoulder injury.
Nash sued Wal-Mart for failing to warn of or repair a dangerous condition. According to Nash, the buzzer had been broken by a Wal-Mart forklift, and the wires were left exposed, creating an electrical hazard.
Wal-Mart denied negligence; denied that wires were left exposed; and argued that the amount of voltage could not have caused the injuries Nash was claiming.
Nash claimed a partial right rotator cuff tear from jerking his arm back after the shock. He underwent about six to eight weeks of physical therapy and missed work for that period. He also claimed to need a future shoulder operation and rehabilitation. He said the range of motion in his shoulder is limited.
The plaintiff's treating doctor said the injuries were caused by the electric shock and that they were acute.
Nash claimed past medical expenses of $10,599, future medical bills of $33,200, past and future pain and suffering, past and future physical impairment, and past and future lost wages.
The injury was captured by a Wal-Mart video surveillance camera. The defense argued that, based on the video, the shock was minor, could not have caused a torn rotator cuff, and there was no jerking of the arm. The defense orthopedic surgery expert said the shoulder injury was degenerative and unrelated to the electrical shock.
Defense counsel maintained that, after viewing the video, Nash said the tear resulted, not from jerking his arm, but from tetanic contraction of the shoulder muscles on receiving the shock.
The jury found negligence by Wal-Mart and awarded Nash $254,176.05.
Roderick Nash
$10,976 Personal Injury: Past Medical Cost
$33,200 Personal Injury: Future Medical Cost
$20,000 Personal Injury: Past Physical Impairment
$20,000 Personal Injury: Future Physical Impairment
$40,000 Personal Injury: Past Lost Earnings Capability
$80,000 Personal Injury: FutureLostEarningsCapability
$20,000 Personal Injury: Past Pain And Suffering
$30,000 Personal Injury: Future Pain And Suffering
Nash filed a motion for new trial.
This report is based on information that was provided by plaintiff's counsel and defense counsel.
