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Brandao v. Wal-Mart Stores12/19/2001
Both parties have appealed portions of the jury's damage award in this "falling merchandise" case. Agreeing with plaintiffs that the jury's failure to award loss of consortium damages and all past medical expenses was error, we amend in part and, as amended, affirm.
Facts and Procedural Background
On July 3, 1996, Terri Brandao and her daughters, Tiffany and Tara, were shopping in the Wal-Mart SuperCenter Store located at 2536 Airline Drive in Bossier City, Louisiana.
A Wal-Mart employee, Ronald Morrison, was attempting to retrieve a boxed vacuum cleaner from the top shelf which was approximately seven to eight feet from the floor. According to Morrison, the vacuum cleaner boxes were stacked more than four units high. Morrison, who climbed on a six foot ladder, lost his balance and fell into the vacuum cleaner boxes, knocking them off onto the opposite side of the shelving assembly. The merchandise fell onto Mrs. Brandao. According to Morrison, approximately ten boxed vacuum cleaners, as well as miscellaneous buckets, baskets, cooking utensils and other items fell onto and around Mrs. Brandao.
The blow to Mrs. Brandao's head was such that it knocked her to the floor into a sitting position. Mrs. Brandao recalls an immediate awareness of intense pain in her head, neck and shoulders as well as a "dazed" sensation. She was taken to Schumpert Medical Center in an ambulance and thereafter received medical treatment for her injuries.
As a result of the accident, Mrs. Brandao suffered a closed head injury which resulted in permanent brain damage manifested by cognitive defects which include: "ice pick" headaches; constant or near-constant headaches; loss of memory; loss of and/or impaired concentration; impaired verbal and manual communication; a likely intellectual functioning decline (decreased I.Q.); a striking bilateral impairment of motor functions, including tap, grip, strength, grooved pegboard and tactual performance; clear impairment of abstract thinking; abnormalities in visual memory; borderline impaired level of ability to learn new nonverbal information and to retain and recognize nonverbal information; bilateral motor impairment; impairment of the ability to abstract non-verbally; likely impairment involving both the prefrontal area and the right parietal area of the brain; and left hemisphere dysfunction anteriorly.
Terri Brandao filed suit against Wal-Mart seeking damages for her injuries. Terri's husband, Timothy Brandao, and her minor daughters, Tiffany and Tara, asserted claims for loss of consortium. According to plaintiffs, the sole cause of the accident and their resulting injuries was the negligence of Wal-Mart employee Ronald Morrison. Wal-Mart filed an answer denying liability. At trial, Wal-Mart persisted in denying liability despite the obvious negligence of its employee.
A jury found in favor of plaintiffs and made the following awards:
Theresa Brandao
Past Medical Expenses: $25,000
Future Medical Expenses: $31,000
Past Loss of Earning Capacity: $38,000
Future Loss of Earning Capacity: $125,000
Past Pain and Suffering: $20,000
Future Pain and Suffering: $15,000
Past Disability: $25,000
Future Disability: $31,000
Past Mental Anguish: $35,000
Future Mental Anguish:
$100,000
$445,000
Tiffany Brandao
Past Loss of Consortium: $21,500
Future Loss of Consortium: $21,500
$43,000
Tara Brandao
Past Loss of Consortium: $21,500
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