Beckman, Kelly & Smith Successfully Defends Menards in Jury Trial

Randall Nye and Leeanne Foster obtained a defense verdict in favor of Menards, a home improvement retailer, during a jury trial conducted January 26 - 28, 2009 in Lake Superior Court.

The plaintiff claimed to have suffered personal injuries to both her knee and her back when she fell attempting to go around a rolling ladder in a Menards store. She had knee surgery shortly after the fall. Five years later, shortly before trial, a posterior lumbar interbody fusion with instrumentation was performed Her neurosurgeon testified that the surgery was causally related to the accident at Menards. Plaintiff had medical expenses of nearly $200,000.00.

We defended the case on the basis that rolling ladders are not unreasonably dangerous, and that rolling ladders are necessary for daily operation of the store. We arranged for an independent medical examination and obtained testimony that the back surgery was unrelated to her fall in the store.

For additional information or to talk to an attorney at Beckman, Kelly & Smith regarding defending your business, please call (219) 933-6200.