Woman struck by falling box springs: Negligent placement: Spinal injuries: Torn rotator cuff: Verdict

Law Reporter, Mar 2004

Crockettv. Costco Wholesale Corp., Haw., 2d Cir. Ct., No. C 02-1-0280(2), Oct. 16, 2003.

Crockett, 58, was shopping in a store when two king-size box springs fell from shelves above, striking her hand, shoulder, neck, and head. Crockett suffered multiple cervical disk injuries to her back and neck and a torn rotator cuff and biceps tendon. Surgery to repair these injuries was unsuccessful. She is expected to require a total shoulder replacement in the future. Her past medical expenses were approximately $30,800, and she is expected to incur further medical expenses. Formerly a beauty shop operator, Crockett is now a full-time homemaker, and continues to suffer chronic, permanent pain and loss of motion in her right arm.

Crockett sued the store, alleging negligence in the manner of displaying the box springs. Suit alleged that mattresses had fallen into the store aisle before, and die store took no action to prevent the displays from falling. Defendants argued that the incident was unforeseeable.

A jury awarded plaintiff approximately $1.05 million, including $800,000 for pain and suffering.

Plaintiff's experts were Darren Egami, orthopedics, and Cora Tasaki, neurology, both of Wailuku, Maui, Haw.

Plaintiff's Counsel

* James Krueger, Wailuku, Maui, Haw.

Documents are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Krueger.