BSCR defended a retailer sued by a shopper who was struck by a falling object. Plaintiff claimed a cervical injury that resulted in a cervical fusion. Plaintiff claimed permanent range of motion limitations in her neck due to the fusion. She also claimed continuing pain, and inability to do certain tasks that she was able to do prior to her injury. The defense was that the impact by the object would not create forces great enough to cause a cervical injury, and that the plaintiff had pre-exiting neck problems, discovered after the accident, which necessitated the surgery. After a trial by jury, the jury returned a defense verdict.
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