Page 9 - Verdicts and Settlements Hall of Fame: Premises Liability

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Case: Nudelman v. Costco Wholesale Corp. Attorney: Michael B. Ronemus
Firm: Ronemus & Vilensky LLP, New York, NY Verdict: $9,903,825
Shopper injured by runaway cart on store’s escalator.
On Jan. 26, 2009, plaintiff Rose Mendez Nudelman, 53, an artist and a photographer, shopped at a store that was located at 976 Third Ave., in Brooklyn. She was accompanied by her husband. During the course of the day, the Nudelmans boarded a moving walkway that transported people and shopping carts between the store’s first and second floors. They stood some 15 feet behind their shopping cart. The cart rolled backward and struck Ms. Nudelman. She claimed that she sustained injuries of an arm and her neck.
Three days after the accident, Nudelman presented to a doctor complaining of pain in her neck and right arm. She underwent minor treatment. Three weeks later, she presented to a hospital with the same complaints. Doctors did not diagnose a speci c injury, but Nudelman was admitted and underwent nine days of observation and treatment.
Nudelman ultimately claimed that the accident trauma caused complex regional pain syndrome, a.k.a.”re ex sympathetic dystro- phy,” and that her pain greatly restricts her physical activities. She
Nudelman’s suit alleged that
Costco Wholesale’s staff neg-
ligently failed to ensure that
the walkway operated properly
and safely. A Costco Whole-
sale employee was stationed
at the entrance of the walk-
way and was responsible for
ensuring that shopping carts’
wheels were secured in lock-
ing grooves on the surface of
the walkway, but failed to do
so. Plaintiff’s counsel also
suggested that improper maintenance could have caused a walkway malfunction. A specific malfunction was not asserted, but Nudelman’s counsel successfully invoked the doctrine of res ipsa loquitur.
Nudelman and her husband also claimed that they had not been told to hold the cart while the walkway was moving, but defense counsel claimed that a sign clearly warned that customers had to hold their carts. The defense also claimed that a Costco Wholesale employee instructed the Nudelmans to “hold on.”
The defense’s expert engineer opined that the walkway was well maintained and that a malfunction, sufficient to cause each of the cart’s four wheels to dislodge from locking grooves, was extremely unlikely.
NUDELMAN AND HER HUSBAND ALSO CLAIMED THAT THEY HAD NOT BEEN TOLD TO HOLD THE CART WHILE THE WALKWAY WAS MOV- ING, BUT DEFENSE COUNSEL CLAIMED THAT A SIGN CLEARLY WARNED THAT CUSTOMERS HAD TO HOLD THEIR CARTS.
also claims that she requires the use of a cane, has been relegated to a largely sedentary lifestyle, can- not resume work, and that she will require lifelong treatment.
Nudelman sought recovery of a total of more than $4 mil- lion for past and future medical expenses, an unreported amount for past and future lost earnings, and unspeci ed damages for past and future pain and suffering. Her husband, Melvin Nudelman,
sought damages for past and future loss of services and society.
The defense’s expert biomechanical engineer opined that Ms. Nudelman did not sustain trauma suf cient to have caused a per- manent injury. The defense’s expert neurologist acknowledged that Nudelman may suffer pain that is related to the accident, but that she does not suffer symptoms typical of complex regional pain syndrome.
The jury held Costco Wholesale liable for the accident. It deter- mined that the Nudelmans’ damages totaled $9,903,825. Defense counsel moved to set aside the verdict and the damages awards. Plaintiffs’ counsel agreed that the past-medical-expenses award was not supported by evidence, so that award was struck, thus lowering the plaintiffs’ total recovery to $9,503,825. Judge William Kuntz II denied the remaining portions of defense counsel’s motion.
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