Menards appeals jury decision for woman injured in Minot store in 2013

MINOT, ND (AP) — Menard, Inc. is appealing a jury decision against a woman who was injured when she fell on a flatbed cart at its store in Minot, North Dakota.

Last year, a jury awarded Darlene Johnson nearly $40,000 plus about $145,000 in attorneys’ fees in a civil lawsuit against the Eau Claire, Wisconsin-based home improvement chain.

According to the complaint in the case, Johnson traveled to Menards in May 2013 to trade a floor vent. She stopped at the customer service counter to inquire about exchanging the item.

As Johnson turned to leave, she came across the flatbed cart that had been left in the walking area next to the service desk, Minot Daily News reported.

Johnson cracked seven teeth, which required extensive dental work, including root canals and bridges.

His lawyers argued that Menards was responsible for not keeping the walking area clear of obstructions. Menards’ lawyers said Johnson should have been more careful of his surroundings and that other customers managed to avoid the cart.

The civil jury found that Menards was completely responsible and that Johnson was not responsible for the crash.

In its appeal to the North Dakota Supreme Court, Menards’ attorneys also argue that the award of attorney’s fees is excessive.

Copyright 2020 KFYR. All rights reserved.

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