Shopper hit by shopping carts: Failure to train, supervise employee: Shoulder fracture: Mediated settlement

Law Reporter, Dec 2004

Frodich v. Doe Corp., Cal., Los Angeles County Super. Ct., confidential docket no., Feb. 12, 2004.

Froelich, 88, was shopping at a discount store. She exited the store and pushed her shopping cart through die parking lot toward her car. As she walked past the rear end of a pickup truck whose truck bed was loaded with shopping carts, two of those shopping carts rolled off, and one collided with Froelich. She was knocked to the ground, and her cart fell on top of her. She suffered a shoulder fracture and injuries to her head, arm, and knee. Her past medical expenses were $6,000. Her future medical expenses are estimated at $18,000, due to possible knee surgery and a shoulder arthroscopy.

Froelich sued the pickup truck's driver and his employer, a company that retrieved shopping carts for stores, alleging failure to train and properly supervise its employee.

Defendants contended the carts only tapped plaintiff's cart and did not cause her fall. Plaintiff located an eyewitness who contradicted the driver's testimony.

The parties settled during mediation for $350,000.

Plaintiff's Counsel

*Mark D. Apelian, Calabasas, Cal.