Plaintiff alleged she was shopping in a Home Depot on Avenue U in Brooklyn when she tripped and injured her neck and knee. She stated that as she was walking down an aisle an employee pushed a box into her immediate path causing her fall and that there was no way she could have avoided the accident.
Plaintiff visited her primary doctor two days after the accident and alerted him of her neck and knee pain. She eventually underwent arthroscopic surgery to repair a tear in her meniscus. Plaintiff underwent a second surgery to address the herniated discs in her back. She rehabilitated through physical therapy for six months, but claims she still suffers from daily pain, which will require further rehabilitation, pain medication and possibly surgery.
The jury found the Home Depot employee negligent and that the worker's negligence was the only substantial cause for Plaintiff's injuries. The jury also found that Plaintiff's damages totaled $3,875,000, including:
- $600,000 for past pain and suffering
- $1,875,000 for future medical bills
- $1,400,000 for future pain and suffering