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Sunday, July 21, 2019

Federal judge awards Palm Beach County customer $677,000 after injuries at Burlington store

Lawsuits

By Marian Johns | Apr 18, 2019


MIAMI — A federal judge has awarded a Palm Beach County woman more than $677,000 in damages in a case where she alleges she was injured when a display of tables fell on her while shopping at a Burlington store. 

According to the April 12 U.S. District Court for the Southern District of Florida filing, Cathy Cohen petitioned the court for a final default judgment in her claim against Burlington Inc. Her petition stems from Burlington's failure to appear, answer or plead the complaint. 

The case involves Cohen's claim against Burlington after she suffered injuries while shopping at a Palm Beach County Burlington store in July 2016. While Cohen was looking at a display of tables at the store, the suit says, the entire set fell forward with some of the tables striking her.  

Cohen says she underwent a series of medical treatments, including spinal surgery and was told she needs knee surgery as well. In addition, Cohen alleges she is entitled to damages for pain and suffering since she can no longer do many activities, such as dancing and jogging, that she enjoyed prior to the accident. 

In regard to Cohen's negligence claim against Burlington, the court agreed Burlington "breached its duty owed to the plaintiff by creating a hazardous condition on its property" and stating Cohen "clearly satisfied the elements of a negligence claim."

Cohen requested the court award $215,824 in pecuniary damages that included past medical bills, future medical expenses, out of pocket expenses and lost wages. In addition she requested $500,000 for past pain and suffering and $250,000 for future pain and suffering, as well as prejudgment and post-judgment interest. 

U.S. District Judge Beth Bloom concluded Cohen was entitled to $677,745 in damages and ruled in favor of Cohen and against Burlington. 

 

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U.S. District Court Southern District of Florida Miami Division

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