Debus v. Grand Union Stores

621 A.2d 1288 (Vt. 1993)

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Nature of the Case

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Facts

P was injured while shopping at defendant's store on August 23, 1985, when a pallet of boxes, piled high and imbalanced, toppled over and fell upon her. The boxes, containing cans of pet food, tumbled off the pallet and onto plaintiff when a store clerk, engaged in routine shelf-restocking, attempted to move the overloaded pallet. Plaintiff suffered injuries resulting in a 20% permanent disability. The jury awarded plaintiff damages of $346,276.23. P suggested that the jury think about her injury in terms of daily pain and suffering, and then determine what amount of damages would be appropriate compensation for each day of suffering. An average daily figure was suggested to the jury, which it could then multiply by the number of days P would live, counting from the day of the accident until the end of her life expectancy, some thirty-five years. The jury was told to consider the figure only if it found the calculations useful in quantifying P's damages.