Jacobs v. Sams East Inc.

On April 03, 2024, the Louisiana jury awarded $189,818 to an injured elderly man in the present premises liability and negligence lawsuit but also attributed 70% of comparative fault to him, leading to the reduction of the award to $56,945.

Case Background

On May 18, 2022, Plaintiff Edwin Jacobs filed a lawsuit alleging negligence on the part of Sam’s East before the Louisiana Western District Court, Shreveport Division. Judge Terry A Doughty presided over this case. [Case number: 5:22-cv-01329]

Cause

Edwin Jacobs, an elderly man, went shopping with his wife on March 9, 2021, at a Sam’s Club operated by Sam’s East in Bossier City, LA. Their goal was to purchase a BBQ grill, which they selected and proceeded to pay for at the front of the store.

After completing the purchase, the couple returned to seek assistance from Sam’s East staff to load the grill into their vehicle. The grill, which had four burners and weighed approximately 100 pounds, was stacked on another grill, making it bulky and cumbersome.

Jacobs approached store employee Xavier for help, expressing his need for assistance due to the grill’s weight and awkwardness. Xavier informed Jacobs that he was the only available help. Despite recognizing that handling the heavy grill might not be suitable for him given his age, Jacobs admitted later that he insisted on trying, describing himself as “hard-headed.”

Xavier and Jacobs attempted to lift the grill, with Jacobs positioned at the lower end. During the lifting process, Jacobs lost his balance suddenly, causing the grill to strike him. The impact knocked Jacobs backward several feet, and he landed on his back, injuring his hand in the process.

Injury

Jacobs sustained multiple serious injuries from the fall. He suffered a C3-7 disc injury, for which he underwent a two-level discectomy. Additionally, Jacobs reported an L1-2 disc injury, which was treated with a steroid injection.

Damages

Due to the injuries caused by Defendant’s alleged negligence, Plaintiff incurred medical expenses for treatment. He prayed for judgment against the Defendant and economic damages. The Plaintiff also pursued non-economic damages across three categories: past suffering, future suffering, and loss of enjoyment of life.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Edwin Jacobs
    • Counsel for Plaintiff(s): Jason B. Nichols | J.Marshall Rice,
    • Experts for Plaintiff(s): Gary White
  • Defendant(s):  Sams East Inc
    • Counsel for Defendant(s): Gregory B. Odom, II | Kelvin G. Sanders
    • Experts for Defendant(s): Dr. Eric Oberlander

Claims

The lawsuit alleged that the store was negligent in how it loaded the grill. According to the Plaintiff’s argument, Sam’s East should have used a “team lift” approach involving at least two employees when handling heavy objects. The plaintiff contended that if Sam’s East had adhered to its own policies, two employees would have been available to assist with moving the grill, thereby preventing Jacobs’ injury.

Defense

Sam’s East denied allegations of negligence. They argued that the Plaintiff himself bore some comparative negligence in the disputed incident.

Expert Testimony

The plaintiff’s retail expert, Gary White, elaborated on the standard retail policy of having a “team lift” with at least two employees, noting it was also Sam’s East’s own policy. The defense challenged damages with an IME expert, Dr. Eric Oberlander, a neurosurgeon from Baton Rouge who testified on the injuries and prognosis of the Plaintiff.

Jury Verdict

On April 03, 2024, the Louisiana jury after three hours of deliberation found in favor of the Plaintiff. However, the jury apportioned 30% of the fault to Defendant Sam’s East and 70% to Plaintiff Jacobs.

The jury decided damages next. Jacobs received $169,818 for medical expenses and an additional $20,000 for past pain and suffering. However, the jury denied compensation for future suffering and loss of enjoyment of life.

Initially, the verdict totaled $189,818 but was reduced to $56,945 in the final judgment due to comparative negligence.

Court Documents:

Available upon request