Products Liability Law Reporter

Lucille Eaton, 87, was entering a Marshalls department store when a set of mechanical doors suddenly closed on her. She was knocked to the ground, resulting in a fractured hip. Surgery was unsuccessful, and she remained hospitalized for a year until her death. Eaton is survived by her five adult children.

Eaton’s estate sued Stanley Access Technologies, LLC, which designed, manufactured, and maintained the doors, alleging that the automatic door sensor was defectively designed in that its presence sensor shut off as the doors closed, preventing it from detecting Eaton. The plaintiff also asserted that the sensor was broken at the time of the incident.

The defendant stipulated as to cause of death.

The jury awarded more than $228,600, finding Marshalls—which was dismissed from the case—50 percent liable.

Citation: Kompoltowicz v. TJX Cos., Inc., No. 2015-CA-001966 (Fla. Cir. Ct. Sarasota Cnty. Oct. 4, 2018).

Plaintiff counsel: AAJ member Christopher Jayson, Kari Metzger, and Joseph Metzger, all of Tampa.

Plaintiff expert: Warren Davis, automatic doors, Newton, Mass.