Staples Customer Awarded $3.64 Million for Injury at Hamilton, NJ, Store

By Stark & Stark on January 2nd, 2020

Posted in Stark News

Shareholder David M. Schmid, Esq. holds corporation accountable in injury verdict.

Law firm Stark & Stark announced that it has obtained a verdict of $3,648,030 for Jim Simmons, who was injured in the Staples Hamilton, NJ, store. His back injury, which is still not resolved after multiple surgeries, was a result of violations of Staples’ own customer safety policies.

At the time of the injury on May 30, 2015, Jim Simmons was 55 years old and a resident of Bordentown, NJ. He was browsing computers when a Staples employee was called away, leaving a merchandise tote on the ground behind Mr. Simmons unattended. Mr. Simmons tripped over the tote and fell to the ground, experiencing immediate pain. He suffered a herniated disc in his lumbar spine, as well as pain and numbness in his lower back radiating into his right leg.

After the fall, Jim Simmons began a course of treatment that began with physical therapy, followed by pain management, including lumbar epidural steroid injections. When these treatments failed to providing lasting relief, he underwent two lumbar surgeries. These still failed to resolve his symptoms, and he will be facing additional surgery in the coming months.

The victim was represented by Stark & Stark Shareholder David M. Schmid, Esq. The case was tried in Mercer County, New Jersey.

According to Mr. Schmid, this case was vigorously defended by Staples, Inc., which contested liability and blamed Mr. Simmons for tripping over the tote. Staples also denied that Mr. Simmons was injured in the fall, arguing that his injuries and symptoms were age-appropriate “degenerative” changes in his lumbar spine.

“However, through the cross examination of Staples’ own medical expert, the jury was able to see through this ‘degenerative’ defense,” said Mr. Schmid. “In addition, through the testimony of Staples’ own employees and corporate directors, we were able to demonstrate to the jury that customer safety was not a priority at the Hamilton Staples store. The store violated its own safety policies, leading to serious, lifelong injuries to a customer, and its response was to blame Mr. Simmons and deny his claims.”

As a result of his injury, today Mr. Simmons is unable to carry out home maintenance tasks, travel with his sons, or even enjoy the simple joys such as decorating his home for the holidays. Faced with a lifetime of chronic pain, he fears losing his independence.

“Jim Simmons has suffered a great deal and we are extremely proud to have achieved this notable verdict for him. It was a massive effort on the part of our entire trial team, reflecting the unwavering dedication to bringing justice and appropriate compensation for all of our clients at Stark & Stark,” said David Schmid.

He concludes, “Ultimately, the jury’s verdict shows that they know the difference between right and wrong. Their verdict is proof that large corporations will be held accountable when they negligently injure people. No matter how much money, power or resources Staples had, it could not run from its responsibility forever.”

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