A jury in Alabama has awarded $7.5 million (£5.7 million) to a customer who was injured while picking up a watermelon at a Walmart store in Phenix City. Henry Walker, a retired army sergeant aged 59 at the time, stepped on a wooden pallet to reach a watermelon in July 2015, causing his foot to become stuck. He fell and broke his hip and foot.
Mr Walker's lawyer, Charlie Gower, stated that the verdict was fair because Walmart did not take adequate precautions. 'They should have had something to cover up that pallet so someone's foot couldn't get caught in it, and they didn't,' he told the Columbus Ledger-Enquirer. The jury awarded $2.5 million in compensatory damages and $5 million in punitive damages.
According to AL.com, Mr Walker previously played basketball three times a week but now requires a mobility walker due to his injuries. Walmart maintained that the display was safe and that any injury was due to the customer's own negligence. The company plans to appeal the verdict, calling the damages excessive.
In a court filing, Walmart stated that it continues to display watermelons in the same manner as before the incident, using displays that come pre-packaged from the producer. A spokesman for Walmart reiterated that the damages are excessive and that an appeal will be pursued.
