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Kentucky Jury Verdict in Campbell County -trip and fall while shopping

by | Apr 14, 2020 | Personal Injury

Barbara Strady, an attorney with Rittgers Rittgers & Nakajima is licensed in Kentucky and Ohio. Kirk Allison hired Barb Strady to pursue a case against Dunham’s Sporting Goods.

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 Plaintiff Allyson to the exercise area. When the plaintiff asked how the weights were priced, the store manager immediately directed Plaintiff Allyson’s attention to some dumbbells located on a top shelf. As the dumbbells on the top shelf were above eye level, Mr. 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 a result of the fall, the Plaintiff Allyson suffered injuries to his right knee, right arm, and a full thickness tear to his right rotator cuff which required surgery.

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 causing 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.

If you, a family member, a friend or co-worker need a lawyer for a trip and fall case in Kentucky, contact the lawyers at Rittgers Rittgers & Nakajima. We can be reached at 513-496-0134. Check out our website at www.Rittgers.com.