SC Woman Gets $4.6 Million in Target Lawsuit

[eok]

Originally Posted by adriver

If this gets upheld, I am starting a street sweeping business. I will have 50 people working 12 hour days going back and forth no more than a mile between two strip malls. They will clean each ones parking lot 25 times a day; every half hour from 7:00 am - 8:00 pm.

Don't do it! You'll get sued!

[oldtrader]

The thing in this type of lawsuit, is the people that cannot find a way out of jury duty for something like this are not the most affluent people in the area. They are the ones, that see jury pay as a good payday. They are also the ones that make such ridiculous amount of awards. The next move is Target will take it back to a higher court, and get it thrown out or just a token amount of judgement.

The McDonald's case in New Mexico is a good example. The award was over $3,000,000. Later reduced to $600,000 by the trial judge. At that point McDonald's was taking it back to an appeals court, and the plaintiff and McDonald's made a settlement below this amount enough that there was an agreement as part of the settlement was it would not be disclosed. The settlement was low enough, that McDonald's was willing to settle (their insurance company did).

[Cryptic]

Originally Posted by Three Wolves In Snow

EXACTLY! That is exactly right. People have no idea just how many times businesses get sued - not all of the frivoulous suits make it in to the papers. I always find it ironic when people call corporations greedy never knowing just how greedy the general public is, looking for a big payout from those corporations.

Then factor in that a disproportionate number of these suits are blitz campaigns Traveler or gypsy clans, so the same group can file multiple suits very quickly. This is especially so since many members use multiple names and can file two or more similar suits simultaneously.

Members of the groups work in teams and take turns being the "victim" and the convenient "witnesses". They then use a favorite attorney who knows just how much to ask for to get a quick payout. Of course, the more pay outs the company gives, the more they get "blitzed".

[Jandrew5]

This is my hometown and all I can say is wow.

[shortel]

Most of those parking lots arent even owned by the stores though. How is it directly targets responsibility?

[JGMotorsport64]

Originally Posted by shortel

Most of those parking lots arent even owned by the stores though. How is it directly targets responsibility?

See my post RE subrogation above.

[jbgusa]

Originally Posted by dude1984

Jury: SC Woman Gets $4.6 Million in Target Lawsuit | KSDK.com

Target execs have to be kicking themselves for not settling for $12k.

I am quite sure that the judge will reduce the verdict measurably on post-trial motions. If I had to predict the amount will be between $50,000 and $75,000. Normally I would say that the lady was negligent for allowing her daughter to explore the parking lot in such a manner. I would also say the verdict is excessive.

On the other hand, hypodermic needles evidence illegal activity that should have been prevented by the property owner. The property owner knows full well that the public will use the parking lot rather heavily and thus bears significant responsibility.

I can well understand why Target did not make a significant settlement offer. In 2007 my client was sued for damage allegedly done by broken glass fragments. She claimed that the bottles of a popular fruit drink froze and the bottles shattered in the trunk of her car. When she fished into the car to get the bottles, so the story goes, she badly cut her hand.

At the trial I first asked for the purchase receipt. There was none. Then I questioned her about weather conditions during the relevant period, since the lowest temperature in the area during this period was about 23, cold but not cold enough to rapidly freeze the beverage unless she left it in the car for a very long time (which would have defeated her case). The date was important since she commenced the action either just before or just after the statute of limitations ran out. I asked what ER she went to. She showed an unpaid bill from a reconstruction specialist but no ER or internist bill.

The beverage company wouldn't settle even though they were paying me more than the maximum damage claim in that court, $5,000. Their rationale was that lots of people would file similar bogus claims. We won the trial, no damages, defendant's verdict.

I need to clarify that nothing in this post should be considered legal advice. I can only give that for New York matters, and I welcome PM questions. But not any questions regarding other states' laws, legislation, common law or otherwise.