Shopper Gets Reward After Being Struck by Cart
Marion Hedges, 46, was enjoying a shopping day with her 13-year-old son in Manhattan. After they left, the mother and son walked to a parking garage station to retrieve their car. As they were walking, Marion was catastrophically injured when teenagers threw a shopping cart from a pedestrian bridge seventy feet above them. Mrs. Hedges was left with life-altering injuries. In this case, the plaintiff didn’t do anything wrong or out of the ordinary. She was simply enjoying a routine trip to the mall. Her choices did not contribute to getting severely injured that day.
The Accident
Plaintiff Marion Hedges was seriously injured and left on the brink of death. Two 12-year-old boys threw a cart over the fourth-floor railing of a shopping mall. The shopping cart hit her while she was on the first floor of the parking kiosk. Mrs. Hedges was taken to a local hospital, where she stayed for two weeks, followed by several weeks in a rehabilitation facility and one and a half years of outpatient therapy. Her injuries include six fractured thoracic vertebrae, a scapula fracture, broken ribs, a spleen laceration, continuing pain, extensive organic brain damage, permanent structural frontal lobe damage, brain shrinkage, memory loss, double vision, incapacity to control emotions, headaches, dizziness, and incontinence. Mrs. Hedges, who was in good health before the accident, subsequently needed a cane to walk. Before the incident, Marion Hedges was a real estate broker but never returned to work. Who should be held liable here? Is it a failure of mall security? Should the young boys be held responsible?
The Lawsuit
Marion Hedges sued the shopping center owners and its security company, Planned Security Service (PSS). The plaintiff's attorneys argued that the mall owners and PSS failed to monitor the premises. Evidence showed that the mall owners knew about previous incidents of youths throwing objects from the upper floors but didn’t implement any corrective measures. Regarding PSS, Marion Hedges's attorneys argued the security firm failed in its patrol duties. The mall owners argued that the boys' actions were unforeseeable and shouldn't be held primarily responsible. They tried to place more blame on PSS and the boys themselves. PSS argued that their role was limited to providing security personnel and that they didn’t have the authority to implement new structural safety measures.
A Manhattan jury apportioned liability 65% against the mall owners, 25% against the security company, and 10% against the young boys who threw the shopping cart. The jury initially awarded the plaintiff $35,000,000 in pain and suffering damages. The defendants argued this was excessive, and the trial judge agreed. The award was reduced to $17,500,000. The liability determinations were affirmed on appeal. The appellate court reduced Mrs. Hedges's pain and suffering damages award to $13,000,000. Marion Hedges's husband, Michael Hedges, was awarded damages of $2,000,000 for past and future loss of services and society. The plaintiff’s young son, who witnessed the incident, was awarded a final sum of $2,200,000 in emotional distress damages.
This case sends a message to property owners and security firms. Security didn’t prevent the preteen boys' dangerous behavior, which caused this accident. The $13 million verdict clearly states that safety must come first. In Mrs. Hedges's case, her tragedy could have been avoided if mall security had acted sooner.
Sternberg Injury Law Firm
If you've suffered an injury due to someone else's negligence, consulting with an experienced personal injury attorney can help you understand your rights and options for seeking compensation. The Sternberg Injury Law Firm can take on cases in all areas of New York, including Farmingdale and Laurelton. Contact us today for a complimentary consultation. Our skilled attorneys will carefully assess your case to understand how we can help.