Eymorfia Karanikitas v. The TJX Companies, Inc. d/b/a TJ Maxx
Civil Action File No. 05SV853
Plaintiff was shopping with a friend in a TJ Maxx store. Plaintiff's friend fell over a metal shelf that had been left on the floor and fell into a rack of clothing which subsequently fell over onto the Plaintiff knocking her to the ground. Plaintiff claimed that as a result of the accident she sustained a torn rotator cuff which required surgical repair and subsequently left her with a significant permanent disability in the shoulder as well as diminution in her ability to labor. The Plaintiff had approximately $35,000 in medical bills and made an initial demand of $250,000. While not admitting liability the defense did not vigorously contest it and instead focused upon causation issues related to the shoulder because the Plaintiff's occupation involved a lot of lifting. The defense was also able to exploit a number of inconsistencies in the medical testimony, as well, as certain statements made to medical providers by the Plaintiff. The Defendant offered $20,000 prior to trial.
The case resulted in a defense verdict.