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Keywords

lawsuitdamagesnegligenceliabilityappealtrialverdictmotionsustainedpunitive damages

plaintiffdefendantdamagesnegligenceliabilitytrialverdicttestimonymotionsustainedpunitive damageswitness testimony

Related Cases

Garrison v. Target Corporation, 435 S.C. 566, 869 S.E.2d 797

Facts

On May 21, 2014, Denise Garrison and her daughter visited Target in Anderson, South Carolina. While in the parking lot, the daughter picked up a syringe, which pricked Denise's hand. After the incident, Denise sought medical treatment and later filed a lawsuit against Target for negligence, claiming the store had constructive notice of the dangerous condition in its parking lot. The jury found Target negligent and awarded damages, but Target contested the punitive damages awarded.

On the evening of May 21, 2014, Denise Garrison went to Target in Anderson, South Carolina with her eight-year-old daughter. Upon her arrival at the store, Denise parked her car in Target's parking lot, and she and her daughter exited the vehicle. Before entering the store, however, Denise retrieved her coupon book from her car, placed it on the hood, and proceeded to examine it. Suddenly, holding what appeared to be a hypodermic needle in her hand, her daughter showed the object to Denise and asked, 'Mommy, what is this?' Denise responded instinctively by swatting the syringe out of her daughter's hand.

Issue

Did the trial court err in denying Target's motion for judgment notwithstanding the verdict regarding liability and in its treatment of punitive damages?

Rule

A storekeeper can be held liable for injuries sustained on its premises if it had actual or constructive knowledge of a dangerous condition and failed to remedy it.

In order for a plaintiff to recover damages for injuries sustained as a result of a dangerous or defective condition on a storekeeper's premises, 'the plaintiff must show either (1) that the injury was caused by a specific act of the defendant which created the dangerous condition; or (2) that the defendant had actual or constructive knowledge of the dangerous condition and failed to remedy it.'

Analysis

The court found sufficient evidence to support the jury's conclusion that Target had constructive notice of the syringe in the parking lot. Testimonies indicated the syringe appeared old and dirty, suggesting it had been there long enough for Target to have discovered it. Additionally, the spoliation of the syringe while in Target's possession further supported the jury's finding of constructive notice.

Not only did the Garrisons present witness testimony and photographs regarding the damaged, weathered appearance of the syringe at the time of the incident, but they also demonstrated Target's troubling lack of cleaning and inspection procedures resulting in a failure to uphold its duty to keep the parking lot in a reasonably safe condition for its customers.

Conclusion

The Supreme Court affirmed the Court of Appeals' decision in part, reversed it in part, and remanded the case for further proceedings regarding the punitive damages.

We affirm as modified in part, reverse in part, and remand this matter to the trial court for further proceedings consistent with this opinion.

Who won?

Customers prevailed in establishing Target's liability for negligence due to the evidence of constructive notice and the spoliation of evidence.

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