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DEFENDANT’S Negligent grocery bagging at supermarket – Plastic bag allegedly rips open breaking glass bottle – Tendon laceration with surgery.

Broward County, FL

The plaintiff alleged that an employee of the defendant supermarket negligently bagged his groceries, causing a plastic bag to rip open. A glass bottle broke and lacerated a tendon in the plaintiff’s leg. The defendant maintained that the bag did not rip, but rather, the plaintiff struck the bag on the side of the counter and caused the glass bottle to fall out. The bag manufacturer was initially named as a defendant in the case, but was dismissed on summary judgment prior to trial.

The plaintiff was a 52-year-old man at the time of the incident on February 24, ________. He testified that the defendant’s employee placed two 20-ounce glass bottles of Perrier water and a half-gallon of milk into a plastic grocery bag. As the plaintiff was lifting the bag, he claimed that it ripped open due to the excessive weight, causing one of the glass bottles to fall to the floor and break.

A shard of glass struck the plaintiff’s leg and lacerated the anterior tibialis tendon, which required surgical repair. The plaintiff contended that the injury resulted in foot drop. He appeared at trial with a cane. The plaintiff claimed past medical expenses of $________ and plaintiff’s counsel requested total damages of $________.

The defendant introduced a surveillance video of the incident. The defense argued that the video shows the plaintiff picking up one handle of the bag and not lifting the bag high enough to clear the counter. The defendant contended that the plaintiff struck the bag on the side of the counter, causing the bottle to fall out. On damages, the defendant disputed the plaintiff’s claim of foot drop. The defense argued that there was no medical explanation for the plaintiff’s subjective drop foot complaints.

The defense also argued that a surveillance video of the plaintiff walking his dog showed that he was not properly using his cane.The jury found no negligence on the part of the defendant, which was a legal cause of injury to the plaintiff. The plaintiff has filed an appeal. The defendant has filed for attorney fees and costs.

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