The Legal Examiner Affiliate Network The Legal Examiner The Legal Examiner The Legal Examiner search instagram avvo phone envelope checkmark mail-reply spinner error close The Legal Examiner The Legal Examiner The Legal Examiner
Skip to main content

The Orlando Sentinel reports on the newest attraction in the Land of Disney. An emergency care/walk-in clinic in the Wal-Mart Supercenter. Is it for shoppers injured on the premises? Or, for consumers injured by defective products? Or, part of the cheaper health care benefits announced for its employees?

The Orlando Sentinel reports on the newest attraction in the Land of Disney. An emergency care/walk-in clinic in the Wal-Mart Supercenter. Is it for shoppers injured on the premises? Or, for consumers injured by defective products? Or, part of the cheaper health care benefits announced for its employees?

The Consumer Product Safety Commission: Our shoppers also came across Party Success spray-on “Temporary Glittering Hair Color” sold near children’s party string spray and favors at a Wal-Mart in California. Our tests found that when sprayed near a candle, the aerosol ignited, shooting a two-foot flame. The warning on the can says that children should not use it without adult supervision and that it is “extremely flammable.” The product is legal, says a spokesman for the Food and Drug Administration, and the agency regulates it as a cosmetic. We are concerned, however, that children may try to use it on their own and could be injured. Source

Scharrel v. Wal-Mart Stores (I) (April 1995) Denver District Court, CO, Case No. 94 CV2734. Jury awards $3.3 million to businessman Phillip Scharrel who sustained permanent mild traumatic brain and orthopedic injuries when two 40-pound ice augers fell on his head at a Littleton, Colorado Wal-Mart store. See 949 P.2d 89 (Colo. App. 1997). See also Scharrel v. Wal-Mart (II) (October 1999). Jury awards Mr. Scharrel $825,000 for emotional distress, pain and suffering. See also Phillip Scharrel v. Wal-Mart Stores, Inc.(III) (November 2001) Denver District Court, CO, Case No. 94CV2734 (Colo. App. 2001). After retrial solely on the issue of non-economic damages, the Colorado Court of Appeals upholds the award for emotional distress and permanent physical pain and suffering. A judgment is entered in the approximate amount of $970,000 which represents the award, interests and costs.

“This concludes the long and bitter struggle of the Scharrel litigation,” said Jeffrey A. Hyman, attorney for Mr. Scharrel. “As the leading falling merchandise case in the United States, it brought to light the dangerous nature of high-stacking in the retail warehouse shopping environment.” Source

Comments for this article are closed.