He says back in May 2014, his client, Denise Garrison and her daughter got out of their vehicle to shop at the Target in Anderson when Garrison’s daughter picked up a hypodermic needle in Target’s parking lot. Garrison swatted the needle out of her child’s hand, and in the process was stuck in her right palm.
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After the occurrence, the SC women had to make sure she did not contract hepatitis or HIV. The award will be one of the largest in the county’s history if it stands.
Target is now considering an appeal, spokeswoman Erika Winkels said. “We tried to be reasonable and not take this to trial”.
Garrison, who goes by Denise, said Friday that she was “too overwhelmed” to talk about the case. “Target is now considering post-trial motions and appeal options”.
“Target took a pretty hard stance on this”.
‘The final damages award has not yet been determined by the Court, ‘ Winkels told the Independent-Mail in an email. The court has said it is to be more than $4.6 million, but punitive damages can be capped under certain circumstances as outlined by SC law.
The lawyer offered Target a $12,000 deal in February according to the Independent-Mail.
“We felt like she was entitled to more than $12,000 because of how sick she was, but (Target) offered $500 during mediation and then they offered $2,500 right before trial was scheduled to start”, Hawkins said.
“A merchant is not an insurer of the safety of his customer but owes only the duty of exercising ordinary care to keep the premises in reasonably safe condition”, Haynsworth wrote, citing a case from 1969.
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Moreover, the general opinion seems to mention that Target should not be held responsible for the occurrence because it’s impossible to assure that the parking lot is clean at every moment.
