Trial Magazine

James Simmons, 55, was shopping in a Staples store when he tripped and fell over a plastic tote full of merchandise that was on the floor of the computer section. He suffered a herniated disk at L4-5. He underwent physical therapy and received three epidural injections and other forms of pain management before undergoing two spinal surgeries. Simmons, who continues to suffer from pain, incurred medical expenses totaling more than $52,030.

Simmons sued Staples, alleging it negligently allowed a dangerous condition to exist in the store. Suit claimed that Staples violated its customer safety policies and procedures that prohibit merchandise totes in the store’s aisles.

Additionally, the plaintiff argued that the store failed to conduct monthly safety meetings or properly train its employees. The plaintiff did not claim lost income.

The defense argued the condition was open and obvious.

The jury awarded over $3.6 million, finding the plaintiff 20% at fault.

Citation: Simmons v. Staples Inc., No. MER-L-00714-17 (N.J. Super. Ct. Mercer Cty. Jan. 24, 2020).

Plaintiff counsel: AAJ member David Schmid, Lawrenceville, N.J.

Plaintiff expert: Baher Yanni, pain management, East Brunswick, N.J.

Defense expert: Robert Morrison, orthopedic surgery, Millburn, N.J.