Facts

Lindsay Ross was with a group of 6 on an outing with Old Adobe Developmental Services, a nonprofit adult day activity program provider, shopping at a Dollar Tree store on May 1, 2008, when she tripped and fell to the ground.

PLAINTIFF'S CONTENTIONS:
Ross filed suit against Dollar Tree Stores Inc., alleging negligent maintenance and creation of a dangerous condition and tripping hazard. Ross contended she tripped over a low cart being used to stock shelves, which was protruding out from the end of a shelf into the aisle. She further alleged the cart was a hidden hazard that could have been avoided by placing it elsewhere and keeping the aisle clear.

DEFENDANT'S CONTENTIONS:
Dollar Tree filed a cross-complaint against Old Adobe, alleging negligent supervision of the group while in the store, and that Ross herself was also negligent.

Damages

Ross sought past medical costs of the Medicare lien amount of $40,212.70, as well as damages for pain and suffering.

Injuries

Ross sustained a fracture to the femoral neck of her right hip, undergoing a partial hip replacement. She also underwent physical therapy.

Result

The jury found Dollar Tree liable, awarding Ross $290,000 in damages, and found no liability of Old Adobe Developmental Services.

Deliberation

two hours

Poll

8-0

Length

five days