Woman trips over carpet roll in store: Creation of dangerous condition: Fractured shoulder: Verdict

Law Reporter, Dec 2004

Piper v. Home Depot USA, Inc., Ariz., Maricopa County Super. Ct., No. CV2003-011353, Sept. 14, 2004.

Piper, 77, was shopping in a store when she tripped over a caipet roll that extended 12 to 18 inches into die store's aisle. Piper fell to the floor, fracturing her right shoulder. Her past medical expenses were approximately $15,000, and she has required about $37,600 in home care expenses as a result of the incident.

Piper sued die store, alleging it created a dangerous condition by leaving the carpet there. Plaintiff argued in the alternative that the store had constructive notice of the dangerous condition, or improperly operated the store in a way that caused plaintiff's injury. A retiree, Piper did not claim lost income.

Defendant denied the allegations and contended the carpet roll was an open and obvious condition.

A jury found defendant 85 percent at fault and plaintiff 15 percent liable. It awarded plaintiff $250,000, which was reduced to $212,500 to reflect the finding of comparative fault.

Plaintiff's expert was William Brainard, orthopedics, Litchfield Park, Ariz.

Defendant's expert was Ronald M. Lampert, orthopedics, Phoenix, Ariz.

Plaintiff's Counsel

*Lewis B. Moore III, Phoenix, Ariz.