A store employee or customer may push a shopping cart into you. They may run over your foot with a cart. If so, you may be entitled to get compensation for your damages.
This article focuses on shopping, stocking and pallet cart accidents in Florida business establishments, cruise ships and other places in Florida.
Publix Supermarket Wins Case; Customer’s Powered Shopping Cart Hits another Customer
A shopper claimed that a Publix Supermarket employee negligently directed a customer who was driving a powered shopping cart. Plaintiff claimed that customer was exiting the checkout lane.
The victim claimed the customer hit and knocked down the decedent. The injured shopper claimed the fall eventually caused his death.
The trial was only to determine whether the Publix store was negligent. Publix claimed that the employee was not careless. Publix claimed that the shopper did not hit the decedent with the cart.
The 78-year-old decedent suffered a comminuted subtrochanteric fracture of the proximal left femur. Three days later, he had open reduction and internal fixation (ORIF) of the hip with an intramedullary, cephalomedullary nail.
Below is an image of ORIF of the hip, with an intramedullary rod, from a separate case that I handled.
The shopper died four days later. The plaintiff claimed that the decedent’s fall, fracture and surgery caused his death. Publix argued that the customer in the powered shopping cart did not hit or knock over the decedent.
Publix argued that the customer had passed the decedent. They argued that the decedent took two steps and fell. Publix argued that its employee was reasonable in guiding the shopper (on the powered shopping cart).
The jury saw the store surveillance of the incident. Publix was expected to argue that the fall did not cause the man’s death. The death was listed as atherosclerotic heart disease. Publix claimed that the decedent was stable and getting better after the surgery. He then died four days later.
The verdict was in 2014. The date of accident was November 2010. Duarte v. Publix Supermarkets.
Customer Gets $17,000 Settlement; Publix Grocery Store Employee Pushed Shopping Cart Over His Toe
My client was shopping at Publix in Miami-Dade County, Florida. He claimed that a Publix employee ran over his toe with a pallet cart.
My client did not have surgery. I argued that Publix was liable for this accident because its employee should have been paying attention when he was pushing this pallet cart.
We settled with the store for $17,000. Settlements is before deduction for attorney’s fees and expenses. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.
$3,810,500 Award after Publix Supermarket Employee’s Cart Boxes Struck and Killed Shopper
2014 – Actual Case (not mine): $3,810,500 arbitration award for loss of services in a wrongful death lawsuit in St. Lucie County, Florida. The 48-year-old female decedent was pushing a shopping cart down an aisle of a Publix supermarket.
She was allegedly struck by several boxes that were on an employee’s cart. The plaintiff’s estate claimed that Publix’s employee negligently loaded the cart.
They claimed that Publix did not keep a proper lookout, lost control of the boxes. They alleged that Publix failed to warn shoppers of the danger.
She died almost two years after the fall. Her estate argued that her death was a result or substantially caused by prescription medication which she took as a result of the incident.
Publix argued that the decedent was careless by not following the prescription instructions. Publix claimed that the decedent’s adult son was living by himself and any disability claimed by the estate was exaggerated.
The decedent was found to be 25% at fault.
My thoughts: In a shopping cart accident case, it may be easier to prove that the Publix grocery store was negligent, as opposed to a Publix slip and fall case.
Each survivor in a wrongful death case may recover the value of lost support and services. Fla. Stat. 768.21(1).
This verdict was very large because the son apparently received a lot of financial assistance from the decedent. Publix supermarket was the only store mentioned in this article.
However, this article applies to all Florida stores, cruise lines and other business establishments.
Want to Learn more about Publix Supermarket accident claims in Florida?
Check out these articles:
- Slip and falls at Florida Publix Supermarkets
- Trip and falls at Florida Publix Supermarkets
- Publix Supermarket Injury Claims for Florida Accidents
- $31,000 Verdict : Slip and Fall at Publix Resulted in Back Surgery
- Herniated Disc Slip and Fall Claims with Publix Supermarket in Florida
- Publix Supermarket Shoulder Injury Claims from Slip and Falls in Florida
- $96,000 Verdict : Hip Fracture from Trip and Fall at Publix in Miami, Florida
- Slip and Fall on an Old Banana at Publix in Florida Claim
- Florida Court Dismissed Slip and Fall near Deli Counter at Florida Publix
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