View this article online: https://www.insurancejournal.com/news/midwest/2020/09/24/583976.htm
Menard Inc. is appealing a jury award to a woman who was injured when she fell over a flatbed cart at its store in Minot, North Dakota.
A jury last year awarded nearly $40,000 to Darlene Johnson, plus about $145,000 in attorney’s fees in a civil lawsuit against the home improvement chain, based in Eau Claire, Wisconsin.
According to the complaint in the case, Johnson went to Menards in May 2013 to exchange a floor vent. She stopped at the customer service desk to ask about exchanging the item.
As Johnson turned to leave, she fell onto the flatbed cart that had been left in the walking area beside the service desk, Minot Daily News reported.
Johnson cracked seven teeth which required extensive dental work, including root canals and bridges.
Her attorneys argued Menards was at fault for not keeping the walking area free of obstructions. Menards lawyers said Johnson should have been paying closer attention to her surroundings and that other customers managed to avoid the cart.
The civil jury found that Menards was completely at fault and that Johnson had no responsibility for the accident.
In its appeal to the North Dakota Supreme Court, attorneys for Menards also argue that the award of lawyer’s fees is excessive.