Facts

On Aug. 16, 2010, Plaintiff Kevin Healy was shopping at Restaurant Depot when he was struck by a bundle of brooms which fell from a shelf approximately 20 feet above him.

PLAINTIFF'S CONTENTIONS:
Healy sued JRD Holdings, the operator of Restaurant Depot, alleging that JRD created a dangerous condition, constituting general negligence and premises liability. Healy claimed the brooms were negligently packaged by Premier Mop & Broom, the manufacturer and packager of the brooms. Restaraunt Depot negligently stored the brooms on its shelves.

DEFENDANT'S CONTENTIONS:
JRD claimed that the brooms were stored properly and fell due to improper packaging by Premier.

Specials in Evidence

Healy sought $145,613 for medical costs.

Damages

Healy sought an unspecified amount for pain and suffering.

Injuries

Plaintiff sustained a herniated cervical disc at the C4-5 level which required a cervical disectomy and anterior fusion. He also suffered a torn rotator cuff to his right shoulder. He claimed he required arthroscopic repair surgery to treat this. He also chipped his tooth. Healy alleges that he will require a second fusion surgery within 10 years due to residual neck pain and discomfort.

Result

The parties settled for $525,000, $400,00 of which was paid by JRD and $125,000 of which was paid by Premier.

Other Information

INSURER: Safeco Insurance Co.