Broken Glass Shelf – Facial laceration; $37,500 up front cash plus a structure providing an additional payout of $160,000
NATURE OF CASE:
Premises liability; Failure to repair broken glass shelf in retail store
INJURIES ALLEGED:
Facial laceration
NAME OF CASE:
Doe, a minor v. Bed & Bath
AMOUNT OF AWARD / SETTLEMENT:
$37,500 up front plus a structure providing an additional payout of $160,000
ATTORNEYS FOR PLAINTIFFS:
Eric J. Parker
CASE SUMMARY:
The plaintiff, a 4-year-old boy, together with his mother, were customers at the defendant's retail store in Quincy.
While walking with his mother through the store, the minor plaintiff rounded a corner where a low-level counter was positioned. The minor's face rubbed against the broken edge of a glass shelf and suffered a laceration of his cheek, requiring sutures and leaving a permanent hairline scar.
The plaintiff's claim, predicated on negligence, alleged that the defendant failed to maintain its premises in reasonably safe condition for its customers. The defendant contended that insufficient evidence existed as to how long the glass shelf had been broken prior to the incident. The plaintiff was prepared to offer evidence, by way of a store employee, that the glass shelf had been broken for some time prior to the incident and failed to be repaired.
The plaintiff's counsel obtained the report of a plastic surgeon on the issue of scar revision and its expected cost. Although the remaining scar had lightened considerably since the time of the incident, the minor continued to question his mother about its existence and what could be done about eliminating it.
Following settlement discussions between the plaintiff's counsel and the defendant's insurer, the claim was settled.
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Eric J. Parker is a co-founder of Parker Scheer LLP and serves as the firm's Managing Partner. With over 23 years of experience in complex personal injury trials, Mr. Parker represents adults and children injured or killed as a result of negligence.