Trial Magazine

Paul Marsh, 59, was shopping at a ­Walmart Neighborhood Market when an employee operating a forklift-pallet jack ran over Marsh’s left foot. He suffered a crush injury, necessitating surgery, a nerve block injection, and other treatment. He now suffers from pain and impaired mobility. His medical expenses totaled approximately $124,000.

Marsh and his wife sued Walmart and the employee, alleging failure to warn shoppers that employees were operating forklifts. Suit claimed that the defendants should have used ropes, tape, cones, or spotters to ensure shoppers were warned. Suit also alleged improper training and failure to maintain the premises in a reasonably safe condition. The plaintiffs did not claim lost income.

An arbitrator awarded over $573,900, and the court rendered judgment for that amount plus interest and costs.

Citation: Marsh v. Wal-Mart Stores, Inc., No. 15-CA-2896 (Fla. Cir. Ct. Lee Cnty. Apr. 4, 2018).

Plaintiff counsel: AAJ member Randall L. Spivey, Fort Myers, Fla.