News
9/14/2006 - Marshalls Wins Personal Injury Case
A woman shopping at Marshalls claimed a heavy object fell from an upper shelf and struck her on the head when she attempted to remove an item from a lower shelf that she said was too tall for the shelf it had been placed on. She filed suit against Marshalls claiming the falling object caused her to suffer permanent seizures. Both the plaintiff and the defendant hired experts in the field of neuropsychology. Defendant's expert opined that the weight of the object which allegedly struck the woman was insufficient to cause the injuries alleged. The plaintiff's expert adopted the opinions brought by defendant's expert. Further, Marshalls held that it had no notice that the items posed a danger to customers and the object would not have fallen but for the woman's own negligent act of bumping the shelf the item allegedly fell from. A jury in Montgomery heard the case and returned a verdict for Marshalls. Judge Charles Price affirmed the jury's verdict in favor of the defendant. Marshalls was represented by Robert C. Ward, Jr. of Rushton, Stakely, Johnston & Garrett, P.A. Stoudemire v. Marshalls Retail Store of Montgomery, CV 04-01 (Circuit Court of Montgomery County).