Our client was at her local grocery store getting some produce. On her way to the checkout, she tripped over a display of watermelons suffering injuries to her leg and arm.
The claim was denied by the grocery store’s insurance company indicating that this was a very large display and if there was any danger it was open and obvious. The insurance company even provided a video of the accident to prove their point.
Attorney Thomas Perlberg was not deterred and filed suit. In the course of discovery, he deposed the store manager. In that deposition, the store manager admitted that it was company policy that guards should have been around this type of display. The video they had provided clearly showed they were not present.
Within days of this admission, the case resolved for $85,000.
