Las Vegas woman awarded about $13 million in lawsuit against Lowe’s

A Las Vegas woman was awarded about $13 million in the lawsuit she filed against Lowe’s Home Centers after she fell at one of the company’s stores in July 2013.

Attorneys for both sides made closing statements Thursday and the verdict was returned Friday in favor of the plaintiff, who fractured her skull in the fall and permanently lost her senses of taste and smell because of a related brain injury.

Kelly Hendrickson, a 38-year-old mother of three, was looking at palm trees in the garden center of a Lowe’s home improvement store at 5050 S. Fort Apache Road about three years ago when she slipped on a “slimy, wet substance” draining from the bottom of several planters, she told a jury April 7.

The woman said since the fall, in which she suffered a skull fracture and a hemorrhage at the front of her brain, she has suffered chronic neck pain and headaches, increased anxiety and depression, issues with balance and has forever lost her senses of taste and smell.

Hendrickson’s legal team asked a jury on Thursday for $40.6 million for the woman’s medical expenses, lost earning capacity and physical and mental pain and suffering.

Lowe’s attorney Esther Holm questioned the severity of Hendrickson’s injuries and recalled two doctors’ testimonies that she was healthy enough to be trained in a new job that didn’t require driving.

Sean Claggett, one of Hendrickson’s attorneys, asked the jury to imagine what the next 41 years for his client will be like, “being a burden on her kids, not being the wife she should be to her husband,” and not being able to pursue her passion of driving a school bus because of her injuries.

Another of Hendrickson’s attorneys, Al Lasso, said his team would have asked for a nine-figure amount in punitive damages in hopes that the large amount would get the attention of Lowe’s, which nets $3.6 billion a year, he said.

The jury decided Lowe’s was not guilty of implied malice and declined to award punitive damages.

Claggett argued in closing that Lowe’s track record for falls — he counted 28 falls at the valley’s 13 stores between 2008 and 2013 — should have prompted the company to install drains or change their watering procedures. In addition to their negligence in leaving water on the ground, he said, the company’s yellow safety cone was not in plain sight when Hendrickson fell.

Holm used estimated store traffic to reason that the odds of slipping and falling at a Lowe’s are one in a million in a year. She also said Hendrickson should have seen the cone warning her that the floor was wet because she knocked it over when she fell.

“Is it acceptable, is it reasonable to ignore our surroundings and then blame others when you get hurt, because you don’t heed the warnings?” Holm asked the jury. “She fell right on top of it — you can’t get any closer than that.”

Claggett reminded the jury that a Lowe’s employee erased video surveillance that might have caught Hendrickson’s fall.

Although deleting the footage was a mistake, Holm countered, the cameras in the garden center were facing a wall in the gardening center and wouldn’t have shown Hendrickson’s fall.

The jury returned a verdict that found Lowe’s 80 percent negligent and Hendrickson 20 percent negligent and awarded Hendrickson $13.14 million for medical expenses, lost earnings and pain and suffering. They will also pay Hendrickson’s attorneys’ fees, Claggett said.

“This jury says, ‘Well if you hurt one of our community citizens, you will pay and you’re not going to get away with it,’” Claggett said after the verdict was read. “Hopefully, this was enough of a message that they’re going to change their policy.”

Holm declined to comment on the verdict.

Contact Kimber Laux at klaux@reviewjournal.com or 702-383-0283. Find her on Twitter: @lauxkimber

News Videos
Henderson fails to investigate the drug overdose death of one of its officers
Henderson Police Department's internal affairs did not investigate the 2014 drug overdose death of an officer. (Las Vegas Review-Journal)
Syphilis Awareness Day
Dr. Joe Iser, District Health Officer of the Southern Nevada Health District, discusses the effects and issues with syphilis in the Las Vegas community on April 16, 2019. (Mat Luschek/Las Vegas Review-Journal)
Las Vegas diocese IDs 33 ‘credibly accused’ of sexual abuse
The Catholic Diocese of Las Vegas released a list on Friday of 33 “credibly accused” of sexual abuse who at some point served in the Las Vegas Valley. (Michael Quine/Las Vegas Review-Journal)
CCSD Arbor View meeting
The Clark County School Board hears from the public about racial tensions at Arbor View High School on Thursday, April 11, 2019. (Amelia Park-Harvey/Las Vegas Review-Journal)
Parents of autistic student battle Clark County School District
Joshua and Britten Wahrer, parents of a special education student, are battling the Clark County School District for the right to equip their son with a monitoring device. (Amelia Pak-Harvey/Las Vegas Review-Journal)
New Metro homeless outreach a shift in strategy
Lt. Joe Sobrio discusses the new homeless outreach team for Metro. (Rachel Aston/Las Vegas Review-Journal)
Prayer for Opportunity Scholarships
Las Vegas students and adults hold a prayer meeting about the Opportunity Scholarship program on Thursday, April 4, 2019. (Amelia Pak-Harvey/Las Vegas Review-Journal)
Solar scams on the rise in Nevada
As Nevada’s solar industry has made a resurgence, solar scammers have followed suit.
Clark County schools and the late bus issue
Year after year, late or no-show buses in the Clark County School District draw the ire of parents and students alike. One year the problem even prompted a parent to crack a school bus window in frustration over a late drop-off. (Mat Luschek/Las Vegas Review-Journal)
I-15 southbound congested near Primm Sunday afternoon
Drivers heading toward California on Interstate 15 should expect heavy traffic and a 13-mile backup Sunday afternoon.
Learning lifesaving skills in advance of fire season
Students and firefighters attend a training session at Fire Station 80 in Blue Diamond, Saturday, March 30, 2019. The training session helps volunteer firefighters obtain necessary annual certification to work wild fires.
Car restoration behind prison walls
Inmates share their experiences working for the Southern Desert Correctional Center auto body shop in Indian Springs while learning valuable skills.
Parent remembers Las Vegas boy killed by car
People visit a memorial at the intersection of South Fort Apache Road and West Arby Avenue at at Faiss Park Wednesday, March 27, 2019, where Jonathan Smith, 12, of Las Vegas, died after he was struck while crossing Fort Apache Monday. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Couple left with surprise medical bills after visit to the hospital
Michael Pistiner took his wife, Marta Menendez-Pistiner, to the ER in January after she fainted twice and appeared to be having a seizure. Despite paying $856 monthly for health insurance, the two, self-employed musicians, were stuck with more than $5,700 in hospital and doctor bills after than hour-and-a-half visit. Caroline Brehman/Las Vegas Review-Journal.
Las Vegas police brief the media on fatal crash
Metropolitan Police Department Capt. Nick Farese addresses the media about a car accident at South Fort Apache Road and West Arby Avenue that left one minor dead and one hospitalized on Monday, March 25, 2019. (Mike Shoro/Las Vegas Review-Journal)
Former Arbor View parent talks about racial issues at the school
Lawanna Calhoun, a former Arbor View parent, talks about the state of the school. (Amelia Pak-Harvey/Las Vegas Review-Journal)
Jim Foley talks about 30 years of living HIV-positive
Jim Foley, who was diagnosed as HIV positive 30 years ago, talks at his home in Las Vegas on Wednesday, March 13, 2019. (Chase Stevens/Las Vegas Review-Journal)
Traffic Slows to a Crawl on I-15S Near Primm
Traffic slowed to a crawl around 2:30p Sunday, on I-15S near Primm, Nevada.
Homeless residents speak about safety
The homeless residents living at the corner of Owens Ave. and Main St. reflect on how they feel about their safety after two homeless men died, one was hit crossing the street and another was beat to death by another homeless man. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
CCSD Superintendent address alleged racially motivated threats at Arbor View
CCSD Superintendent Dr. Jesus F. Jara gives update on alleged racially motivated threats against Arbor View High School, and says such threats will not be tolerated. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Super Bloom Near Lake Elsinore, California
Crowds packed the hills near Lake Elsinore on Saturday to capture a rare selfie amidst the super bloom of poppies turning the landscape purple. The super bloom was caused by the larger rainfall this year. (Todd Prince/Las Vegas Review-Journal)
Fiery accident in Las Vegas
A three-car accident on Spring Mountain Road around 6:30 pm on Monday night
A bipartisan coalition holds simultaneous rallies to promote criminal justice
A bipartisan coalition holds simultaneous rallies to promote criminal justice. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
Stardust implosion anniversary
Twelve years ago today, the Stardust Resort and Casino was imploded. (Mat Luschek/Review-Journal)
Lawsuits filed against security contractors at Nevada National Security Site
Two lawsuits were filed today against the current and former government security contractors for the Nevada National Security Site, one on behalf of Jennifer Glover who alleges sexual discrimination and assault and the other on behalf of Gus Redding who alleges retaliation after he gave statements supporting Glover’s claims. (Rachel Aston/Las Vegas Review-Journal)
New housing option helps Las Vegas moms keep kids while kicking drugs
WestCare Nevada Women and Children’s Campus in Las Vegas has added a new transitional housing wing for women who have completed the inpatient treatment at the behavioral health nonprofit to help them as they go through outpatient treatment, shore up their finances and prepare to secure long-term housing. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Teenager in critical condition after being struck by an SUV in Henderson
Authorities were called about 2:45 p.m. to the scene in the 2100 block of Olympic Avenue, near Green Valley Parkway and Sunset Road. The teenager was taken to University Medical Center in critical condition. (Michael Quine/Las Vegas Review-Journal)
The Water Question Part 3: Conservation loves a crisis
Future growth in the Las Vegas Valley will rest almost entirely on the community’s ability to conserve its finite share of the Colorado River.
The Water Question Part 7: How much can we grow?
Many experts agree that Southern Nevada can continue to grow, so long as residents are willing to do what needs to be done to stretch our crucial resource as far as it will go.
The Water Question Part 6: How many people can Southern Nevada’s water sustain?
The number can swing wildly depending on a host of variables, including the community’s rates of growth, conservation efforts and the severity of drought on the Colorado River.
Local Videos
Property Brothers visit Michael’s in Las Vegas Valley
Twin brothers Jonathan and Drew Scott are the hosts of Property Brothers, the hit HGTV show where they help couples find fixer-uppers and transform them into dream homes. In 2018, the brothers collaborated with Michael's on their first custom framing program. Today they're releasing new frames into that collection that range from natural to bright looking. Jonathan and Drew discuss their brand and why frames was something they wanted to pursue. (Rachel Aston/Las Vegas Review-Journal)
I-15 traffic jam
A semitrailer stopped in the middle of Interstate 15 near Charleston Boulevard has slowed traffic in central Las Vegas Wednesday morning, April 17, 2019. (Mat Luschek/Las Vegas Review-Journal)
Rainy Tuesday
The Las Vegas Valley saw cooler temperatures and rain Tuesday afternoon. (Mat Luschek / Review-Journal)
Tiger Woods Bettor Collects
James Adducci bet $85k on Tiger Woods to win the Masters. He collected his $1.19M from William Hill sports bet in the SLS today. (Mat Luschek /Review-Journal)
Endangered frogs released at Springs Preserve
Dozens of endangered Relic Leopard Frogs were released at the Cotton Grove inside Springs Preserve in Las Vegas, Thursday, April 11, 2019
Vintage World War II aircraft arrive at Henderson Executive Airport
The Collings Foundation Wings of Freedom tour comes to Henderson Executive Airport with a B-17 Flying Fortress, B-24 Liberator, B-25 Mitchell, P-51 Mustang and a P-40 Warhawk. (Michael Quine/Las Vegas Review-Journal)
Honoring Pearl Harbor veteran
Ed Hall, a Pearl Harbor veteran in Las Vegas, is honored with Quilt of Valor during an event in a Las Vegas. (Erik Verduzo/Las Vegas Review-Journal)
UNLV Anthropology professors excavate Maya ruin site of Caracol, Belize for 36 years
The husband-and-wife team of UNLV anthropologists has spent several months a year at the remote site of Caracol in the jungles of Belize, excavating ruins and uncovering secrets from the region’s once-dominant civilization. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Things to remember when adopting a rabbit this Easter season
As Easter and spring time approach, some people may be tempted to adopt a rabbit for the holiday. But like adopting any animal, it is important to be responsible and know what a rabbit requires to be a happy, healthy pet. (Mat Luschek / Review-Journal)
Bike Giveaway in Las Vegas - Piero’s Italian Cuisine
Evan Glusman of Piero’s Italian Cuisine hosted a party in the restaurant’s parking lot to distribute over 150 bikes to local kids. (Al Mancini/Las Vegas Review-Journal)
New Charleston/I-15 ramp configuration
The new Interstate 15/ Charleston Boulevard ramp configuration was unveiled Tuesday morning. (Mick Akers/Las Vegas Review-Journal)
Northwest Vegas farm's abandoned pig problem
Someone abandoned a several hundred pound pig at Sharon Linsenbardt's farm. Her farm is a rescue for animals, but she doesn't have room or resources to take on another such creature, so she's asking the community for help. (Mat Luschek / Review-Journal)
Chalk Talk: Black Student Union
Students talk about the Black Student Union in the latest episode of Chalk Talk. (Angus Kelly and Amelia Pak-Harvey/ Las Vegas Review-Journal)
Individuals with Parkinson's participate in dance class
Pamela Lappen leads a dance class for individuals with Parkinson's Disease at the Nevada Ballet Theatre in Las Vegas, Thursday, March 28, 2019. Caroline Brehman/Review-Journal
Animal Foundation Preps Pups For Best In Show
The Las Vegas Animal Foundation is preparing its prime pups for their 16th annual Best in Show event, which takes place at the end of April. (Mat Luschek / Review-Journal)
Dog Yoga At Hydrant Club
The Hydrant Club in downtown Las Vegas, is a social club for dogs and their people. Recently the club started hosting dog yoga. (Mat Luschek/Review-Journal)
Butterflies At The Springs Preserve
The butterfly habitat is now open at the Springs Preserve. Learn about butterflies and take in the peaceful surroundings. (Mat Luschek / Review-Journal)
The Bellagio Conservatory's spring display has a Japanese theme
The Bellagio's conservatory is hosting around 65,000 flowers, to form a Japanese theme this spring. (Mat Luschek / Review-Journal)
Bonnie Springs closes (Caroline Brehman/Kimber Laux)
Bonnie Springs Ranch near Las Vegas officially closed its gates Sunday, March 17, 2019. (Las Vegas Review-Journal)
Honoring a fallen North Las Vegas Police officer at his namesake school
The 20th Annual Raul P. Elizondo Honor Day celebrates the fallen North Las Vegas Police officer's legacy at his namesake school. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Windy day in Las Vegas Valley
The Review-Journal's camera on the under-construction Las Vegas Stadium the was buffered by high winds on Wednesday, March 14, 2019. (Las Vegas Review-Journal)
March gloom falls on Las Vegas
After a rainy overnight, gloomy skies hover over Las Vegas Tuesday morning. (Mat Luschek/Review-Journal)
John Katsilometes gets his head shaved at St. Baldrick's
Las Vegas Review-Journal man-about-town columnist John Katsilometes gets his head shaved by former Las Vegas Mayor Oscar Goodman during St. Baldrick's Foundation shave-a-thon on the Brooklyn Bridge at New York-New York in Las Vegas Friday, March 8, 2019. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
The Blue Angels take flight over Las Vegas Strip
The Blue Angels’ U.S. Navy Flight Demonstration Squadron flew their signature Delta formation over a part of the Las Vegas Strip, McCarran International Airport and east Las Vegas and were scheduled to fly over Hoover Dam. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
Gross World Records
A group of about 20 children gathered around a TV at Sahara West Library on Feb. 27 for a history lesson on the most disgusting world records.
Graduation for Renewing HOPE program
The Renewing HOPE program graduation for homeless who spend nine months in Catholic Charities program. Graduates are preparing to enter the workforce. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
Car crashes into Starbucks near Las Vegas Strip
Lt. William Matchko of the Las Vegas Metropolitan Police gives details about a car crashing into a Starbucks at Sahara Avenue and Paradise Road, near the Las Vegas Strip, on Friday, March 1, 2019. (Jessica Terrones/Las Vegas Review-Journal)
Car crashed into PT’s Gold
A 60-year-old man who police believe was impaired drove into a PT’s Gold at Silverado Ranch and Decatur boulevards Thursday night, Metropolitan Police Department Lt. William Matchko said. The driver was hospitalized and is expected to survive. A man inside the bar was hit by debris but drove himself to the hospital, Matchko said. (Katelyn Newberg/ Las Vegas Review-Journal)
Driver crashes vehicle into PT’s tavern in south Las Vegas (part 1)
A driver suspected of impairment crashed a vehicle into the wall of a PT’s Gold tavern, at 4880 W. Silverado Ranch Blvd., in Las Vegas on Thursday, Feb. 28, 2019. (Katelyn Newberg/Las Vegas Review-Journal)
Driver crashes vehicle into PT’s tavern in south Las Vegas (pullout)
A driver suspected of impairment crashed a vehicle into the wall of a PT’s Gold tavern, at 4880 W. Silverado Ranch Blvd., in Las Vegas on Thursday, Feb. 28, 2019. (Katelyn Newberg/Las Vegas Review-Journal)
It is a rainy Valentine's Day in Las Vegas - Video
These scenes come from the Las Vegas Stadium LiveCam (Las Vegas Review-Journal)
TOP NEWS
Home Front Page Footer Listing