Morgan & Morgan Wins $540K Verdict for Indiana Woman Injured at Ollie’s Bargain Outlet

[Martinsville, IN] – A Morgan County jury Tuesday awarded a 70-year-old Indiana woman a $540,000 verdict over injuries she suffered in a trip-and-fall at an Ollie’s Bargain Outlet. Represented by Morgan & Morgan attorneys Brandon W. Smith, John Smith, and Amy Lenceski, the plaintiff declined the defense’s highest pre-trial settlement offer of $200,000 before ultimately being awarded a verdict more than double that.

On September 21, 2023, the plaintiff tripped on the raised rubber edge of a badly worn floor mat while entering the Ollie’s Bargain Outlet on Town Center Street in Mooresville, IN. She fell, fracturing her left hip, for which she underwent a partial hip replacement. She also developed complications from the injury resulting in a lifetime permanent impairment. Despite efforts from the defense to cast doubt on who was responsible for the fall, the Morgan & Morgan trial team secured testimony from Ollie’s own employees that the mat should have been replaced in accordance with store policies.

“The impact of falls and injuries like this are magnified as you grow older, and we’re pleased the jury understood that and delivered a just verdict,” said Morgan & Morgan attorney Brandon W. Smith. “Our client now has a permanent impairment with ongoing pain that will limit her for the rest of her life. We hope verdicts like this help stores of all sizes understand the importance of safety and the need to monitor and eliminate tripping hazards.”

The jury awarded a total of $600,000 in damages and found Ollie’s Bargain Outlet 90 percent liable for the plaintiff’s injuries, leading to a total recovery for the plaintiff of $540,000.

The case was heard by Judge Brian Williams, Case No. 55D02-2401-CT-000086 in Morgan County Superior Court No. 2. Ollie’s Bargain Outlet was represented by attorneys Robert Rives and Sydney Schroeder from Dinsmore & Shohl.