Facts

Plaintiff Ernest Grosskopf was shopping at a Home Depot store. A six-by-eight foot panel of fencing material was leaning against some shelving in the store, near plaintiff. Another customer accidentally knocked it over, and it fell, striking plaintiff on the left leg and knocking him to the ground. The plaintiff brought suit against Home Depot for premises liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the large panel being propped up as it was constituted a dangerous condition.

DEFENDANTS' CONTENTIONS:
The defendants denied having notice of the dangerous condition. It further asserted that even if individual employees had notice of the condition, such notice was not necessarily imputed to the Home Depot. It contended that plaintiff's only injury was a severe bruise, not any knee injury, and that plaintiff had failed to prove with any degree of medical probability that he would require future knee replacement surgery. It presented medical expert testimony that plaintiff's knee pain, which occurred four months post-accident, was caused by a pre-existing condition flaring up after the accident. It suggested that the other customer who knocked over the panel was at fault, or at least partially at fault, and that plaintiff was only entitled to $7,500 to $10,000 in damages.

Settlement Discussions

The plaintiff demanded $200,000; the defendant offered $17,500 and later increased its offer to $20,000.

Specials in Evidence

Plaintiff sought $12,142 in past medical expenses. Plaintiff sought $3,695 in lost earnings.

Damages

The plaintiff sought a total of $539,000. He requested pain and suffering damages at a rate of $22,000 per year for the duration of his life, and $66,285 to recoup for labor costs expended to complete a home improvement project plaintiff claimed he would have completed himself, had he not been injured. Defendant argued that plaintiff should get no medical specials or wage loss at all.

Injuries

The plaintiff claimed that he sustained a severe contusion and hematoma to the back of his left thigh, and a medial meniscus tear in his left knee. He also asserted that he developed osteoarthritis in the left knee as a result of the accident, which was so severe it would require complete knee replacement surgery at least twice during his lifetime. He denied having any preexisting knee injuries.

Result

The jury found defendant liable and awarded plaintiff $5,275. According to plaintiff, one-third of the requested medical specials and wage loss were awarded by the jury, and nothing for pain and suffering.

Other Information

The plaintiff filed a motion for a new trial, which was denied.

Deliberation

3.5 hours

Length

four days