DEBUS V. GRAND UNION STORES
621 A.2d 1288 (Vt. 1993)
NATURE OF THE CASE: Grand Union (D) challenged the judgment of Bennington Superior Court
(Vermont) that awarded a verdict for damages in favor of Debus (P) who was injured when
boxes full of canned food fell on her.
FACTS: P was injured while shopping at defendant's store on August 23, 1985, when a
pallet of boxes, piled high and imbalanced, toppled over and fell upon her. The boxes,
containing cans of pet food, tumbled off the pallet and onto plaintiff when a store clerk,
engaged in routine shelf-restocking, attempted to move the overloaded pallet. Plaintiff
suffered injuries resulting in a 20% permanent disability. The jury awarded plaintiff
damages of $346,276.23. P suggested that the jury think about her injury in terms of daily
pain and suffering, and then determine what amount of damages would be appropriate
compensation for each day of suffering. An average daily figure was suggested to the jury,
which it could then multiply by the number of days P would live, counting from the day of
the accident until the end of her life expectancy, some thirty-five years. The jury was told
to consider the figure only if it found the calculations useful in quantifying P's damages.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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