On July 30, 2016, Plaintiff Kirk Allyson, a 49-year-old male entered Defendant Dunham’s sporting goods store In Alexandria, Kentucky, to purchase some dumbbell weights for his son who was a member of the Pendleton County football team. Dunham’s Athleisure Corporation owned and operated the store located at 6805 Alexandria Pike in Alexandria, Kentucky.
Not being able to find the weights he was looking for, Plaintiff Allyson asked assistant manager Mike Welch to show him where the weights were located. Mr. Welch obliged and took the plaintiff to the exercise area. When the plaintiff asked how the weights were priced, Mr. Welch immediately directed the plaintiff’s attention to some dumbbells located on a top shelf. As the dumbbells on the top shelf were above eye level, Kirk stepped back to get a better view, and as he did, he fell over a barbell rack which had been placed in the middle of the floor close to the shelving. The plaintiff did not see the barbell rack prior to falling over it as Mr. Welch directed his attention towards the dumbbells on the adjacent shelves. As a result of the fall, the plaintiff suffered injuries to his right knee, right arm, and a full thickness tear to his right rotator cuff which required surgery.
Plaintiff Allyson was an over the road truck driver and was unable to fully perform his job duties until he had surgery to repair the rotator cuff tear.
The Jury in Campbell County Circuit Court found that Defendant Dunham’s Athleisure Corporation was 85% responsible for the injuries to Plaintiff Allyson and found that Plaintiff Allyson was 15% at fault for his injuries. the Jury found that Defendant Dunham’s failed to exercise ordinary care to maintain and keep its premises in a reasonably safe condition for the use of its patrons AND that such failure was a substantial factor in bringing about the incident in question and Plaintiff, Allyson’s claimed injuries.
On January 30th, 2018, the Jury in Campbell County, Kentucky awarded Plaintiff Allyson $52,125.18 for past medical expenses, $9,549.04 for past lost wages, $90,000.00 for past mental and physical pain and suffering and $40,000.00 for future mental and physical pain and suffering. The award totaled $191,674.22 and was reduced by 15% for Plaintiff Allyson’s portion of fault.