Bettie Leverette, a 72-year-old woman with pre-existing health conditions, successfully sued Walmart Stores East, LP after an incident in which two employees accidentally ran into her with a pallet jack at a Covington store. Leverette claimed damages for future medical expenses and pain and suffering. The jury awarded her $1 million in nominal damages, which Walmart contested as excessive. Despite Walmart’s appeal, the court upheld the verdict, stating that the award was not flagrantly excessive given the evidence presented.
Leverette had a history of chronic health issues but experienced new symptoms post-incident, including severe headaches and dizziness. Her neurologist diagnosed her with post-concussion syndrome attributed to the accident. Walmart’s experts disputed this diagnosis, suggesting Leverette’s symptoms were due to pre-existing conditions.
The case also highlighted expert witness bias; Leverette’s legal team pointed out past instances where Walmart’s expert had downplayed injuries in similar cases. The court ultimately found no bias or prejudice affecting the jury’s decision.
Source: A24A0115_WALMART_STORES_EAST_LP_v_BETTIE_LEVERETTE_Opinion.pdf
