Couple wins suit against Wal-Mart

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Tallahassee, originally uploaded by rsdscrpsnews.

Couple wins suit against Wal-Mart
Jury orders retail giant to pay $1.4M

By Juana Jordan
DEMOCRAT STAFF WRITER

A Douglas, Ga., couple won a round in court against the world’s largest retailer.

A Tallahassee jury of four women and two men awarded Larry and Judy Boggs nearly $1.4 million in a personal injury lawsuit against Wal-Mart Stores for an injury Larry Boggs suffered at the Wal-Mart SuperCenter on Thomasville Road

“I think the jury did an excellent job,” said Larry Boggs from his home Wednesday. “But this really didn’t have to go that far.”

An attorney representing Wal-Mart would not comment on the case. The verdict was handed down Jan. 20.

According to Boggs, a Wal-Mart employee at the store struck his lower left leg with an electric pallet jack while he stood on the loading dock. Boggs, an independent truck driver, was delivering pet food for a private contractor to the store on Dec. 21, 2003.

“Wal-Mart promised within 24 hours after the accident to myself and to my wife that we wouldn’t have to worry about anything,” said Boggs, who said he sustained a permanent injury to his ankle.

But the store failed to keep its promise, he said. That’s why he hired a lawyer. Jon D. Caminez and Ian Brown with Caminez, Brown & Hardee in Monticello represented Boggs.

Larry Matthews and Tricia Stafford at Bozeman, Jenkins & Matthews in Pensacola represented Wal-Mart.

“They didn’t take care of anything,” said Boggs, who has been diagnosed with reflex sympathetic dystrophy, a neurological disease marked by burning pain, stiffness and swelling. He now wears a brace on his left leg.

In court, Wal-Mart argued against Boggs having RSD. The judge dismissed the claim, according to Caminez.

Boggs was awarded $94,493.26 in the case heard before Circuit Judge Janet E. Ferris. The jury also awarded him $402,000 for future economic losses and $800,000 for pain and suffering. Judy Boggs was awarded $100,000 for the loss of her husband’s services.

“We’re satisfied that justice was done,” said Jon Caminez.

But that doesn’t mean the case is over, he said. No final judgment has been made. Wal-Mart can still move for a new trial. And it could still appeal, if motions presented are denied.

Contact Reporter Juana Jordan at (850) 599-2321 or jrjordan@tallahassee.com.

Originally published January 26, 2006

Original Article @ http://www.tallahassee.com/apps/pbcs.dll/article?AID=/20060126/BUSINESS/601260327/1003

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