Shoplifter Injures Customer at Nationwide Retail Store in Nashville
In January 2017 our client had just finished checking out at a large retail store. The retail store is owned by one of the largest retail corporations in the United States. As our cleint made her way to the exit, she had no idea that she was in imminent physical danger. Outside her line of vision, a loss prevention employee had approached a suspected shoplifter.
The store employee tried to grab the shoplifter, causing the shoplifter to take off running toward the exit. The store employee then pursued the shoplifter. Without any warning our client was run into from behind by the shoplifter who was fleeing from the store security employee. The violent impact slammed her to the ground seriously injuring her.
After several medical visits, it was found that the violent impact had caused a fracture in her thoracic spine. To make matters worse, the giant retail corporation denied liability for the actions of their loss prevention employee. With painful injuries and medical bills piling up she was stressed and unsure what to do.
She Called Weir & Kestner Injury Lawyers For Help With Her Medical Bills
We told Lisa “We Will Win Your Case, So You Can Lose Your Stress”.
Weir & Kestner Injury Lawyers filed a lawsuit against the nationwide retailer in Davidson County Circuit Court. The retailer removed the case to federal court because the corporation was an out-of-state defendant and the amount in controversy exceeded $75,000. Therefore, federal court also had concurrent subject matter jurisdiction.
Once in federal court litigation activities began. Weir & Kestner argued that video of the incident clearly showed the store’s loss prevention employee not only caused the shoplifter to run, but that the employee chased the shoplifter. Weir & Kestner argued these actions clearly violated the store’s internal guidelines and training.
Weir & Kestner hired a security expert and a medical expert to get the case ready for trial. The parties took party and expert depositions and battled through months of litigation activities. Before moving to trial, the court ordered the parties to mediation.
At mediation, Weir & Kestner pushed back against the big retail corporation and told the mediator Lisa met all the elements necessary to win the case under Tennessee law. We argued the store owed our client a duty to keep the premises safe and that they breached that duty. Prior to mediation the nationwide retail store had offered zero dollars. However, with our aggressive litigation strategy the case resolved at mediation for a confidential six-figure settlement.
No matter what the retail giant and their lawyers threw at us, we kept fighting for her. Weir & Kestner held the nationwide mega-retailer accountable and helped another client protect her injury rights. Weir & Kestner Injury Lawyers has helped thousands locally and recovered millions for clients just like her.
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