The store had marked the wet area with a caution cone, but Kelly claimed that she did not see it because it was obstructed.
As a result of the incident, Kelly, then a 38-year-old mother of three, permanently lost her sense of taste and smell, in addition to suffering other injuries.
Kelly and her husband, Scott, retained Lasso Injury Law LLC and another firm to represent them in their lawsuit against Lowe’s. During the trial, we presented evidence to the jury explaining the severity of our client’s injuries and their impact on her quality of life. We also found evidence that about 30 other people had been injured in comparable incidents at Lowe’s stores in Clark County during the previous five years, and we told the jury that only a substantial award would motivate Lowe’s to correct these hazards.
Attorneys for the defense argued that the three-foot caution cone was sufficient to warn Kelly of the danger. However, we pointed out that the view of the caution cone was obstructed by the water and the corner of a taller planter table. We also noted that following multiple previous incidents, Lowe’s could have taken multiple additional safety steps, such as water drains or barricades.
After an eleven-day trial, the jury found in favor of Kelly, awarding $16.4 million – the largest such verdict in American history. That verdict included $1.9 million for medical expenses and $14.5 million for pain and suffering.
The jury also found Kelly 20 percent responsible for the fall, which would reduce her final post-verdict award to approximately $13.1 million.
We are deeply honored to have had the opportunity to represent Kelly and secure this result in her case. This verdict not only will help Kelly and her family rebuild their lives following her permanent and life-altering injuries, but also send a strong message to all retailers that they need to do more to keep their customers safe.