Trial Magazine

Jodi McClay, 46, went to buy a beverage while traveling through Nashville International Airport. After she opened the door of a freestanding beverage case and pulled a bottled water from the cooler, a 25-pound decorative wood panel affixed to the bottom of the cooler fell, lacerating McClay’s right foot. She suffered bruising and developed complex regional pain syndrome. Her chronic pain is permanent.

McClay sued Hudson Group Retail, L.L.C., which operated the airport store, alleging failure to properly secure the wood panel to the beverage cooler. The plaintiff asserted that the panel was installed incorrectly and was not locked onto the cooler sufficiently. Suit also claimed that the unsecure panel was too exposed, allowing it to be dislodged by nearby patrons. The plaintiff did not claim lost income or past medical expenses.

The jury awarded McClay more than $1.37 million. The defendant filed a motion to reduce the award under Tennessee’s cap on noneconomic damages. The state high court is considering whether the cap is constitutional.

Citation: McClay v. Hudson Grp. Retail, L.L.C., No. 3:17CV00705 (M.D. Tenn. Sept. 6, 2019).

Plaintiff counsel: AAJ member Edmund J. Schmidt III, Nashville.