BJS Wholesale Sued for Negligence After Customer Trip Over Pallet Causes Injuries
Table of Contents
Case Background
John Morris filed a premises liability lawsuit against BJS Wholesale Club, Inc. The case was heard in the Superior Court, Judicial District of Fairfield at Bridgeport. The underlying incident occurred on April 7, 2021, at the BJS store located at 40 Blackrock Turnpike in Fairfield, Connecticut. The complaint was officially filed on February 20, 2023.
Cause
Morris alleged that he tripped and fell over a pallet left in the walkway of the store’s beer and wine section. He claimed that the area was a commonly used path for customers and should have been kept clear. According to the complaint, BJS was negligent in allowing the pallet to remain in the aisle without warning or removal. The suit also cited poor maintenance and general carelessness in managing store safety and traffic flow.
Injury
Morris reported injuries to his head, neck, right ankle, and right leg. He also claimed emotional distress resulting from the fall. The complaint stated that these injuries caused ongoing pain and continued to disrupt his daily and recreational activities. Morris alleged that the physical and emotional effects of the incident may be long-lasting.
Damages
Morris sought damages exceeding $15,000, exclusive of interest and court costs. He requested compensation for medical expenses and emotional suffering. The complaint also highlighted the ongoing medical costs and economic losses. Morris asked the court to award any additional relief it deemed just and appropriate.
Key Arguments and Proceedings
Legal Representation
Plaintiff: John Morris
Counsel for Plaintiff: Douglas Bracken
Expert Witnesses for Plaintiff: David Caminear | Benjamin Barnes
Defendant: BJS Wholesale Club, Inc.
Counsel for Defendant: David M. Block
Expert Witness for Defendant: Daniel N. Fish
Claims
Morris filed the lawsuit on the basis of premises liability, asserting that BJS Wholesale Club failed to keep its Fairfield store in a reasonably safe condition. He alleged that store personnel negligently allowed a pallet to block a customer walkway, creating a hazardous condition. The complaint stated that the store failed to remove the obstruction or provide adequate warnings. Morris sought compensation for physical injuries, emotional distress, medical expenses, pain and suffering, and reduced quality of life.
Defense
BJS Wholesale Club, Inc. denied all allegations and demanded strict proof. The company argued that it had maintained the premises reasonably and was not liable for the incident. It claimed Morris failed to exercise due care, citing contributory negligence. The defense alleged that Morris did not observe his surroundings, took an unsafe route, and failed to request assistance. BJS further contended that any injuries were caused or worsened by the plaintiff’s own conduct. The company asked the court to dismiss the complaint, deny damages, and award legal costs to the defense.
Jury Verdict
On April 10, 2025, the jury returned a verdict in favor of Plaintiff John Morris. The court awarded $4,901.70 in economic damages against BJS Wholesale Club, Inc. in the premises liability case.