Texas Verdicts

Amount:

$1,165,000

Type:

Verdict-Plaintiff

State:

Texas

Venue:

Harris County

Court:

Harris County District Court, 80th

Injury Type(s):

Case Type:

Premises Liability – Store, Falling Object

Case Name:

Rene Munguia v. Big Lots Stores Inc, and PNS Stores Inc.,
No. 201206825

Date:

January 9, 2014

Plaintiff(s):

Rene Munguia (Male, 62 Years)

Plaintiff Attorney(s):

Adam Q. Voyles;
Lubel Voyles LLP;
Houston,
TX,
for
Rene Munguia ■ McKenna R. Harper;
Lubel Voyles LLP;
Houston,
TX,
for
Rene Munguia

Plaintiff Expert(s):

Larry Pollock;
Ph.D.;
Neuropsychology;
Houston,
TX called by
Adam Q. Voyles, McKenna R. Harper ■ Djamchid Lotfi;
M.D.;
Neurology;
Houston,
TX called by
Adam Q. Voyles, McKenna R. Harper

Defendant(s):

PNS Stores Inc., 

Big Lots Stores Inc.

Defense Attorney(s):

Scott Kossoudji;
Vorys, Sater, Seymour and Pease LLP;
Houston,
TX,
for
PNS Stores Inc., Big Lots Stores Inc. ■ Paul B. Kerlin;
Vorys, Sater, Seymour and Pease LLP;
Houston,
TX,
for
PNS Stores Inc., Big Lots Stores Inc.

Defendant Expert(s):

Steven Croft;
Neurology;
Houston,
TX called by
Scott Kossoudji, Paul B. Kerlin ■ William Dailey;
Neuropsychology;
Houston,
TX called by
Scott Kossoudji, Paul B. Kerlin

Insurer(s):

Self-insured (first $1 million)

On April 15, 2011, plaintiff Rene Munguia, a 62-year-old actor, was shopping in a Big Lots store in Pasadena when he was struck on the head by a 32-ounce plastic bottle of deck wash falling from the top of a 4-foot shelf. The store was owned and operated by PNS Stores. He claimed a concussion. Munguia sued Big Lots and PNS Stores, claiming a PNS employee was stocking goods on the shelf one aisle over from when Munguia was shopping. Plaintiff’s counsel maintained that the employeewas pushing bottles of deck wash off the shelf and to the floor in Munguia’s aisle, and that Munguia saw the falling bottles and attempted to pick them up to mitigate a potential hazard to other customers. Plaintiff’s counsel maintained as Munguia bent over the PNS employee negligently continued stocking the shelf, causing a bottle to fall approximately 2 feet and strike Munguia’s head. Defense counsel argued that it was not Munguia’s responsibility to pick up the bottles. He was aware bottles were falling to the floor and he was solely liable for his own injuries.

Munguia sought emergency room treatment two days after the incident. He claimed a concussion and developed post-concussion syndrome. He claimed to have experienced chronic headaches and nausea since the incident and to have developed impairment of his short-term memory and difficulty with cognitive tasks like reading. The plaintiff’s treating physicians testified his condition was caused by his concussion and would continue for an unknown amount of time. The plaintiff sought $700,000 for past medical expenses and past and future pain and suffering and physical impairment. The defense medical experts testified that Munguia’s symptoms were the result of clinical depression and were not caused by his concussion.

The jury found PNS 90 percent liable and Munguia 10 percent liable and awarded Mungia $1,165,000. With adjustment for comparative liability and the court award of $15,288 in attorney fees, the net award was $1,063,788.

Rene Munguia: $25,000 Personal Injury: Past Medical Cost; $50,000 Personal Injury: Past Physical Impairment; $420,000 Personal Injury: Future Physical Impairment; $150,000 Personal Injury: Past Pain And Suffering; $520,000 Personal Injury: Future Pain And Suffering

Actual Award:

$1,063,788

Judge:

Larry Weiman

Demand:

$76,000

Offer:

$20,000

Trial Length:

3
 days

Trial Deliberations:

6
 hours

Jury Vote:

12-0

This report is based on information that was gleaned from court documents and provided by plaintiff’s and defense counsel.