Business & Real Estate

He broke his hip shopping at Walmart. Two years later, he’s getting $7.5 million

A jury awarded a man $7.5 million in damages from Walmart two years after he broke his hip while getting his foot stuck on a pallet underneath watermelons.
A jury awarded a man $7.5 million in damages from Walmart two years after he broke his hip while getting his foot stuck on a pallet underneath watermelons. The Associated Press

An Alabama man who said he broke his hip shopping for a watermelon at a Walmart in 2015 decided to sue the retailer.

This week, a jury awarded him $7.5 million in damages.

Henry Walker won his case against Wal-Mart Stores Inc., after a jury trial in Phenix City, Alabama, ruled in his favor Wednesday, according to court records.

The incident involved Walker’s foot becoming trapped in a pallet underneath watermelons at a Walmart in Phenix City, causing him to fall and injure his hip. Walker’s attorney told The Ledger-Enquirer of Columbus, Ga. that Walmart should have covered the pallet to avoid any hazards. Walmart maintains that the pallet was not dangerous, and, according to court filings, has not changed its display.

“We are disappointed in the verdict,” Walmart spokesman Randy Hargrove said Thursday, according to The Associated Press. “We appreciate the jury’s service, however we believe that the damages awarded were excessive in light of the facts in this case. We plan to appeal.”

Walker, a 59-year-old retired Army sergeant, received $2.5 million in compensatory damages and $5 million in punitive damages, The Ledger-Enquirer reported.

“It was a fair verdict because Walmart just didn’t care,” said Charlie Gower, the lead attorney, according to The Ledger-Enquirer.

The retail giant is on the receiving end of several lawsuits. Wal-Mart has been sued on grounds ranging from firing an employee with Down syndrome to gender-biased pay discrimination.

The Associated Press contributed to this report

This story was originally published November 11, 2017 at 5:43 PM with the headline "He broke his hip shopping at Walmart. Two years later, he’s getting $7.5 million."

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