A jury decided a Dollar Tree store in Palm Beach was not liable for a woman’s intertrocanteric femoral hip fracture that she suffered when she fell while pushing a shopping cart.
Sharon Orlander, then 72, claimed the right front wheel froze as she was pushing the cart, causing her to fall when it rotated.
The defense’s biomechanical expert testified Orlander’s injury was inconsistent with her version of the fall. He opined that if the cart’s wheel froze, she would have fallen to the left and not have fractured her right hip. He said her fall to her right was not consistent with any alleged jam in the cart’s right wheel. He opined it was more likely she simply lost her balance and fell.
Case: Orlander v. Dollar Tree Stores
Case No.: 2013 CA-1019
Plaintiffs attorney: Patrick W. Lawlor, Lawlor & Zigler, Boca Raton
Defense attorneys: Rodney J. Janis and Allison R. Jaeger, Wilson Elser Moskowitz Edelman & Dicker, West Palm Beach