Trial Magazine

San Francisco resident Melissa Horton was in Pittsburgh for work and went to a Target store to buy some items for her coworkers. At about the same time she entered the store, a soda bottle fell from a shelf and spilled onto the store’s main aisle. Horton navigated carefully past the spill and continued shopping for about 20 minutes. On her return path to check out, she found multiple employees had responded to the spill, mopping the aisle with a wet, soapy liquid and cordoning off the area with caution signs and a mop bucket. In addition, three employees were warning patrons to avoid the spill zone.

Horton heeded the warning and walked her cart carefully outside the coned area, as directed. After she had walked beyond the cones, her right foot caught a wet, slippery portion of the floor and slid out in front of her. She fell in a complete “split” position while still holding onto the cart, and she heard and felt a pop in her hip.

Horton, 43, suffered a complete avulsion of the right proximal hamstring, which was torn from her hip socket. Several days later, she underwent surgery to repair the tear and spent six and a half weeks locked in a body brace to prohibit movement of her right leg while the hamstring injury healed. She now has scarring to her upper right thigh just below the buttock.

Despite vigorous physical therapy for the next year and a half, Horton developed chronic pain due to scar tissue from the surgery, which aggravated her sciatic nerve. She underwent a second surgery, which attempted to decompress the nerve. Despite continued physical therapy and injections, she still copes with persistent pain, cramping, and ­spasming in the affected leg. 

In addition to her full-time job as the office manager of a hotel remodeling company, Horton was the production coordinator for NBC Sunday Night ­Football. She missed time from this ­broadcast, as well as opportunities to work on NBC Thursday Night Football, the NFL Pro Bowl, and the Sochi Olympics.

Horton sued Target Corp., alleging that the store’s employees were negligent in failing to cordon off the entire area of the floor that had been mopped. Specifically, the plaintiff contended that the defendant’s employees had mopped portions of the floor outside the coned area and then directed Horton into the area, representing that it was safe and dry. As a result, she contended, she made it past all of the cones without falling but then encountered an invisible wet area beyond the cones and fell.

The plaintiff also alleged that the defendant had failed to preserve video footage from the surveillance camera nearest to the incident. She contended that Target employees unilaterally determined that the video from the camera did not show anything pertinent and deleted the footage without sharing it with her. The plaintiff also alleged that although the defendant was placed on notice of litigation and of the need to preserve all video footage, the store preserved only about 30 seconds of footage from a different camera further down the aisle from where she fell.

Horton claimed only noneconomic damages, although she incurred $35,400 in economic damages for out-of-pocket medical expenses, a medical subrogation lien, and lost earnings.

The defense argued that its employees had properly cordoned off the area, that the plaintiff was negligent in failing to watch her step, and that the injuries were not as severe as Horton claimed.

The jury awarded $2.1 million, including $1.4 million for past pain and suffering and $700,000 for future pain and suffering. As of this writing, a defense motion is pending for remittitur, among other relief.

Citation: Horton v. Target Corp., No. GD14-002877 (Pa. Ct. Com. Pl. Allegheny Cnty. Mar. 10, 2017).

Plaintiff counsel: AAJ member Brendan B. Lupetin, Pittsburgh.

Plaintiff experts: Andrew Rentschler, biomechanical engineering, Pittsburgh; and Michael Dillingham, orthopedic surgery (treating), San Francisco.