Terri Hughes vs. Wal-Mart Stores, Inc.

Case Background

On March 1, 2020, Plaintiff Terri Hughes filed a Premises Liability lawsuit in the Texas State,  Superior Court of Gregg County (Case number: 2021-2243-CCL2). Judge Vincent Dulweber presided over the case.

Cause

On July 24, 2020, Terri Hughes, a 58-year-old retiree and homemaker, visited the Wal-Mart store on Gilmer Road in Longview. At the entrance, pop-up canopies were positioned along the sidewalk. These canopies, the same width as the sidewalk, were in place when a gust of wind caused one to lift and flip over as Hughes walked out from under it. The canopy landed on her, knocking her to the ground. The canopies had been set up in March 2020 to provide shelter for customers due to COVID-19 restrictions, which had since been lifted. Despite the policy change, the canopies remained, along with barriers to keep pedestrians on the sidewalk. Each four canopy leg had been placed in a 5-gallon paint bucket filled with broken pavers from the store’s garden department for stability.

Injuries

Following the accident, Hughes was immediately transported by ambulance to the emergency room. She sustained a scalp laceration, requiring two staples to close the wound. Additionally, Hughes developed cervical disc bulges and a bulging disc at L3-4. Over the next several months, she underwent physical therapy for about five months and received three rounds of lumbar epidural steroid injections. Six months after the final injection, Hughes underwent a lumbar discectomy. In November and December of 2022, Hughes received cervical epidural steroid injections. While her neck issues mostly resolved by the time of trial, her lower back problems persisted. Prior to the incident, Hughes had assisted her husband in his fence company, where she organized materials and interacted with customers. Following the accident, she could no longer perform these tasks and was unable to engage in activities with her grandchildren, such as playing with them, as she had before.

Damages

Hughes sought compensation for the injuries she sustained. She requested $170,839 for past medical expenses and an estimated $440,000 for future medical costs, which included the potential cost of a second lumbar surgery. Additionally, she sought $2 million in noneconomic damages for the pain and suffering caused by the accident and its aftermath.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Terri Hughes
    • Counsel for Plaintiff: Frank Weedon | Matt Milam
  • Defendant(s): Wal-Mart store Inc.
    • Counsel for Defendants: Edward L. Merritt | Jessica Merritt LaRue

 Claims

Hughes filed a Premises liability lawsuit against Wal-Mart Stores Texas LLC, claiming that the defendant knew or should have known that the canopies posed an unreasonably dangerous condition. She argued that Wal-Mart failed to exercise ordinary care in addressing or eliminating the risk of harm, which is a key element in premises liability cases. Plaintiff’s counsel contended that the canopies should have been secured with appropriate weights or tied down, rather than being held in place with paint buckets and broken pavers. The weather conditions on the day of the incident were not severe, further supporting the argument that the canopies were improperly secured.

Defense

In its defense, Wal-Mart Stores Texas LLC argued that it had taken reasonable precautions to secure the canopies and ensure customer safety. The defendant claimed that the canopies were properly installed and anchored using 5-gallon paint buckets filled with broken pavers. They believed this setup provided adequate stability. Wal-Mart contended that the weather conditions on the day of the incident were not severe enough to cause the canopy to lift. Therefore, they could not have anticipated such an event.

The defendant also argued that the canopies had been put in place for the safety of customers during the COVID-19 restrictions. Once the restrictions were lifted, Wal-Mart did not deem the removal of the canopies necessary. Wal-Mart maintained that it had exercised ordinary care in managing the premises. The defendant disputed the claim that the canopies were an unreasonably dangerous condition. Additionally, Wal-Mart suggested that Hughes may have contributed to her injury by not exercising caution while walking near the canopies. This could be a potential factor in the premises liability claim.

Jury Verdict

On October 4, 2024, the jury awarded the following damages to the plaintiff, Terri Hughes in a Premises liability lawsuit:

  • $170,839.01 for past medical costs
  • $35,000 for future medical costs
  • $50,000 for past physical impairment
  • $20,000 for future pain and suffering
  • $50,000 for past physical pain
  • $20,000 for future physical pain

Total Award: $345,839.01

Court Documents:

Available Upon Request