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Quinn v. Wal-Mart Stores12/6/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
Wal-Mart challenges a jury award of damages to a shopper who was injured by a falling television. For the reasons expressed, we amend and affirm.
Factual Background
On July 10, 1996, Mrs. Beatrice Quinn and her husband were shopping for a television at the Bastrop Wal-Mart. Because the 27" television she decided to purchase was located on the top riser of the electronics department, two Wal-Mart employees used a large rolling ladder to retrieve the boxed TV. As the employees attempted to lower the box, they lost control, and the box fell, striking Mrs. Quinn in the neck and left shoulder. One employee saw the TV strike Mrs. Quinn and noted that although she was not rendered unconscious, she was in immediate pain. Mr. and Mrs. Quinn then immediately went to the emergency room, where X-rays showed no displacement or fracture. She was diagnosed with musculoskeletal pain, given medication, and discharged.
The next day, Mrs. Quinn went to Dr. Marc Horowitz, who had treated her previously for left shoulder problems she sustained while working as a nursing home Certified Nursing Assistant. Dr. Horowitz found her shoulder normal, although he did find tenderness on the back of the shoulder. Five days later, Mrs. Quinn returned to Dr. Horowitz, still complaining of pain despite the painkillers he previously prescribed for her. Notably, Dr. Horowitz' impression was that she may be faking the injury . After a third visit on July 18, 1996, Dr. Horowitz ordered a CAT scan of her head and neck; the test was normal. Thereafter, Mrs. Quinn sought treatment at E.A. Conway Hospital and LSUMC, still complaining of shoulder pain. After physical therapy proved unsuccessful, she underwent arthroscopic surgery at LSUMC on April 16, 1997 to repair a labral tear on the front of her shoulder and some bursitis on the top. By August, 1997, hospital records indicate that she had regained a full range of motion.
Eight months after the 1997 surgery, Mrs. Quinn saw Dr. John Green, who ordered an MRI which disclosed a "massive rotator cuff tear." Dr. Green indicated that surgery may be needed to repair the rotator cuff tear, but it may not be necessary since she was doing well. As of May, 1999, Mrs. Quinn's only work limitations were no lifting over ten pounds and no repetitive pushing or pulling.
Since the Wal-Mart accident, Mrs. Quinn never returned to her full-time work at the nursing home where she had a solid work record. In the instant lawsuit, after a four day trial, the jury found in favor of Mrs. Quinn, awarding her general and special damages and her three children and husband loss of consortium damages. After Wal-Mart's motions for JNOV and Motion for New Trial or Remittitur were denied, this appeal followed.
Discussion- Surveillance Tapes
In its first assignment of error, Wal-Mart contends that the trial judge erred by excluding from evidence two surveillance videos taken of Mrs. Quinn three weeks prior to trial. These tapes, Wal-Mart claims, show Mrs. Quinn engaging in activities which she testified that her ability to do was impaired due to her injury. Wal-Mart contends that since the videos directly impeach her testimony and call into doubt the nature and extent of her injuries as claimed, they should be shown to the jury. Not contesting liability, but solely the damage award, Wal-Mart suggests that since the trial judge excluded the tapes, the fact-finding process has been so tainted that a new trial is necessary because the jury was deprived of an opportunity to assess the true nature and extent of Mrs. Quinn's injuries and to assess damages
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