$112,000 Jury Verdict in Hinds County Premises Liability Case
Week before last a Hinds County jury awarded Amy Smith a little over $112,000 in her lawsuit against Kroger. Here is the Clarion-Ledger article on the verdict.
Smith suffered injuries in a 2010 assault and robbery in the parking lot of the Kroger on I-55 in Jackson. Jackson attorney Ashley Ogden represented Smith. The jury apportioned 30% of the fault to Smith and 70% to Kroger.
It appears that the 30% fault apportionment to the plaintiff will reduce her recovery to less than $80,000. It's a little frustrating to see the Ledger write a big article on a jury verdict and not clarify that issue.
As to the damages awarded:
Smith suffered injuries, including to her knee and wrist, and post-traumatic disorder, Ogden said. The jury awarded her $12,189.19 for past medical expenses, $25,000 for future expenses and $75,000 for pain, suffering and mental anguish.
Ogden believes lawsuits against this Kroger store are making the premises safer for customers:
“We just want Kroger to fix the problem in the parking lot so that the women who are shopping there don't have to be afraid of having their purse snatched or being assaulted," Ogden said.
As president of a local anticrime fighting group, Ogden said, "what we are trying to do is make these businesses aware of their responsibility in participating with us in solving the crime problems."
Judge Bill Gowan was the trial judge. I don't know the identity of the defense lawyer.
There were also reports circulating last week of a verdict of over $2 million in Pearl River County. That is the extent of the information that I have been able to gather about that case. That would be some verdict for Pearl River County.
Rob Tyner, of Luckett Tyner in Clarksdale, was the defense lawyer.
That is a fairly restrained verdict, for Hinds County. One wonders whether Kroger will even appeal.
Pearl River case is Page v. Mitchell Crane, 1999-314. I am off to Poplarville to check it out.
The real defense attorney was Bill Luckett, word is he didn't want to try it because of the gubernatorial race (not great publicity defending a big business against an alleged assault).
I am assuming the specials were $12,189.19. If so, that isnt a bad verdict.
I suspect Luckett's main motivation was that he is simply too busy running for governor to try a case. He's represented Kroger in quite a few cases.