Case details

Defense disputed shopper’s injuries from falling cots

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, left shoulder, neck
FACTS
On May 22, 2013, plaintiff Jennifer McCracken, 26, a barista, was shopping at a Big 5 Sporting Goods store in Fresno when she was struck from behind by boxed cots that had fallen from a shelf. She claimed to her neck, back, and left shoulder. McCracken sued the operator of the Big 5 Sporting Goods store, Big 5 Corp. (which was initially erronously sued as Big 5 Sporting Goods Corp.). McCracken alleging that Big 5 failed to properly maintain its premises in a reasonable safe condition. McCracken claimed she patronized Big 5 with the purpose of purchasing an air mattress and that while she was looking at the air mattresses, she was suddenly struck from behind on her neck, left shoulder, and mid-back area by several boxed, military-style cots, measuring approximately 4 feet in length and weighing about 40 pounds each. Thus, McCracken claimed the heavy, boxed cots were improperly stored at a dangerous height above her head. Big 5 generally denied negligence, claiming McCracken was the cause of the accident by not being careful when she moved the other boxes of air mattresses near the boxes of cots., McCracken presented to an emergency room with complaints of pain in her neck, back, and left shoulder. She subsequently underwent X-rays and was discharged. She then followed up with an orthopedist and was ultimately diagnosed with shoulder impingement syndrome and tendinitis in her left shoulder, ulnar nerve damage in her left elbow, and soft tissue in her neck and back. McCracken underwent five months of physical therapy, twice weekly. However, she claimed that when she continued to experience pain, she underwent arthroscopic surgery to repair the shoulder impingement and an ulnar nerve release to repair the left elbow. McCracken claimed that she continues to suffer residual pain and limitations in performing activities of daily living. She alleged that she had completed training as a medical assistant before the accident and was planning a career in that field. However, she claimed she can no longer pursue that career path due to her physical limitations, as the job is physically demanding. As a result, McCracken is employed, on a seasonal basis, opening mail and letters for a federal agency. Thus, McCracken sought recovery of past and future medical costs, past and future loss of earnings, and damages for her past and future pain and suffering. Defense counsel disputed the seriousness of McCracken’s alleged , and noted that McCracken declined a manager’s offer to call an ambulance after the incident. Counsel also contended that McCracken’s shoulder complaint was pre-existing and could not have been caused by the boxes falling on her. Thus, defense counsel argued that McCracken had only sustained minor soft tissue , which had fully healed.
COURT
Superior Court of Fresno County, Fresno, CA

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