Jury Awards $150k Verdict in Premises Liability Case Against Lowe's Home Centers
By Nishica Srivastava
2 min read
Beatty V. Lowe's Home Centers Llc Et Al
Case Background
Kenneth Beatty filed a premises liability case against Lowe's Home Centers after a piece of wood on a high shelf fell on his left arm, causing injuries. The case was filed in the [Case number: 1:23cv10255]
Cause
On May 8, 2020, Kenneth Beatty visited the Lowe’s store at 350 Cochituate Road in Framingham, Massachusetts. Lowe’s owned and operated the store at that location. While shopping, Mr. Beatty suffered an injury caused by the negligence of Lowe’s and its employee, John Doe, acting within his employment scope, who operated a forklift in the store’s aisles.
During the incident, the forklift struck a large, unsecured piece of wood stored on a high shelf. The impact caused the wood to fall and hit Mr. Beatty’s left arm with significant force.
Injury
The Plaintiff sustained a significant ulnar compression injury and reported lasting impacts on his physical and mental health.
Damages
The accident forced Beatty to miss work as a contractor, causing lost wages and requiring him to hire extra help.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Kenneth Beatty
Counsel for Plaintiff(s): Michael V. Longo
Defendant(s): Lowe's Home Centers LLC | John Doe
Counsel for Defendant(s): Grace V. Bacon Garcia | Peter A. Monaco
Claims
Beatty filed a lawsuit against Lowe's, claiming the employee acted negligently by causing the collision that injured him.
Defense
Lowe's argued that Beatty was partially at fault, claiming an employee had warned him to move as the forklift passed. They also attempted to reduce damages by stating that Beatty showed no signs of injury at the scene and delayed seeking medical care. Beatty responded by explaining that the delay occurred because the incident happened during the peak of the COVID-19 pandemic.
Jury Verdict
On October 30, 2024, the jury determined that Lowe's acted negligently and that this negligence directly caused Beatty's injuries. They rejected any claim that Beatty was partially at fault. The jury awarded Beatty $150,000 in general compensatory damages, and the court entered a judgment consistent with the verdict.
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