$8,000,000 Verdict for Save Smart Premises Liability Case
69-year-old woman named Ilda Galo was walking by a large retail store named Save Smart. She had just finished having breakfast with a friend. As Ms. Galo and her friend approached Save Smart an altercation spilled out onto the sidewalk with a suspected shoplifter and five untrained employees of Save Smart. As the employees started chasing the suspected shoplifter the shoplifter bumped Ida Galo who started to fall slowly to the side and within seconds one of the employees weighing about 210 pounds with his arm fully extended struck Mrs. Galo sending her violently to the cement sidewalk where she had struck her head and sustained a subdural hematoma. Plaintiff argued Ilda Galo sustained a mild to moderate close head injury as a result of this assault. The defendants took the position that since IIda Galo had evidence of prior strokes that she was already beginning advanced stages of dementia and that this incident had no contribution because IIda Galo’s injuries were pre-existing. The plaintiff retained one liability expert, Joe Blaettler an ex police chief from Newark, Dr. Mahalik, a neuropsychologist and Dr. Lapas, a neuroradiologist. The defendant retained three experts, Dr. Masur, a neuropsychologist, Dr. Lamazow, a neurologist and Dr. Hecht a neuro radiologist.
The case was filed by Dean Maglione and co-tried with Barry Eichen. Dean Maglione did the opening statement. He also put on the fact witnesses and the police expert.
Barry Eichen did the direct examination of Dr. Mahalik as well as Dr. Lapis. Mr. Eichen also cross-examined the defense experts Dr. Masur and Dr. Hecht a neuropsychologist and a neuroradiologist. Barry Eichen also did the closing argument.
The defendant shoplifter who was third-party and in by the defense attorney, Tim Jaeger of Marshal Dennehey was placed on the jury sheet. The jury found that Save Smart was negligent and that their negligence was a proximate cause of the plaintiff’s injuries. They found the shoplifter negligent but did not find proximate cause with regard to the shoplifter. Therefore, hundred percent of the verdict was against save smart. The jury awarded $8 million for the plaintiff. Pretrial offer was $600,000 and the defendants had also filed a $600,000 offer of judgment.