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Verdicts & Settlements: Premises Liability

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Negligent stacking of end-cap display

April 25, 2019

Josephine Damato, 79, was shopping in a Stop & Shop supermarket. While walking in the main aisle of the store, she passed an end-cap display of paper towel bundles. Several of the bundles fell, hitting Damato and knocking her over. She suffered a fractured right hip, which necessitated open reduction and internal fixation surgery, a three-day hospitalization, and inpatient rehabilitation. She now has a decreased level of activity and cannot sit for long periods, which prevents her from teaching and playing bridge.

Damato sued Stop & Shop, alleging it had negligently stacked the paper towels well over five feet high, in violation of the company’s internal policies. The defendant conceded liability.

The jury awarded $1.6 million.

Citation: Damato v. Stop & Shop Supermarket Co., No. 2017 Civ. 5567 (E.D.N.Y. Mar. 14, 2019).

Plaintiff counsel: Evan Gewirtz, Jericho, N.Y.

Plaintiff expert: Salvatore Corso, orthopedics, Woodbury, N.Y.

Defense expert: Michael Errico, orthopedics, Manhasset, N.Y.