Couple wins suit against walmart/ RSD case!

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Couple wins suit against Wal-Mart

Jury orders retail giant to pay $1.4M

By a Jordan

DEMOCRAT STAFF WRITER

A , Ga., couple won a round in court against the world's largest

retailer.

A Tallahassee jury of four women and two men awarded Larry and Judy Boggs

nearly $1.4 million in a personal injury lawsuit against Wal-Mart Stores for

an injury Larry Boggs suffered at the Wal-Mart SuperCenter on ville

Road.

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" I

think the jury did an excellent job, " said Larry Boggs from his home

Wednesday. " But this really didn't have to go that far. "

An attorney representing Wal-Mart would not comment on the case. The verdict

was handed down Jan. 20.

According to Boggs, a Wal-Mart employee at the store struck his lower left

leg with an electric pallet jack while he stood on the loading dock. Boggs,

an independent truck driver, was delivering pet food for a private

contractor to the store on Dec. 21, 2003.

" Wal-Mart promised within 24 hours after the accident to myself and to my

wife that we wouldn't have to worry about anything, " said Boggs, who said he

sustained a permanent injury to his ankle.

But the store failed to keep its promise, he said. That's why he hired a

lawyer. Jon D. Caminez and Ian Brown with Caminez, Brown & Hardee in

Monticello represented Boggs.

Larry s and Tricia Stafford at Bozeman, & s in

Pensacola represented Wal-Mart.

" They didn't take care of anything, " said Boggs, who has been diagnosed with

reflex sympathetic dystrophy, a neurological disease marked by burning pain,

stiffness and swelling. He now wears a brace on his left leg.

In court, Wal-Mart argued against Boggs having RSD. The judge dismissed the

claim, according to Caminez.

Boggs was awarded $94,493.26 in the case heard before Circuit Judge Janet E.

Ferris. The jury also awarded him $402,000 for future economic losses and

$800,000 for pain and suffering. Judy Boggs was awarded $100,000 for the

loss of her husband's services.

" We're satisfied that justice was done, " said Jon Caminez.

But that doesn't mean the case is over, he said. No final judgment has been

made. Wal-Mart can still move for a new trial. And it could still appeal, if

motions presented are denied.

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