In Senior Citizen v. Big Box Retailer (Ala. Co. Sup. Ct.) Matthew Davis and Clifton Smoot settled a claim against a national retailer and its door repair vendor after an electric door malfunctioned and closed on plaintiff, age 92, as she walked through the store’s entrance. Plaintiff fell to the ground and suffered a dislocated left humerus and comminuted fracture of the left shoulder. During the course of litigation, plaintiff died due to complications from her injuries, and her son continued litigation on her behalf. The defendant store denied liability and denied the arm and shoulder injury had any causal link to plaintiff’s death. During litigation the Walkup team discovered the retailer’s failure to follow the manufacturer’s prescribed inspection steps, and found that the door repair company had failed to install a simple safety device that would have prevented the malfunction. The parties settled in mediation.
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