In PNS Stores, Inc. v. Munguia, a store appealed from a judgment awarding a plaintiff $1,048,500 in damages in his premises liability case. Two bottles of deck wash fell from a shelf five feet high and hit the plaintiff on the head when he and his son went to the defendant’s store in Pasadena to buy a trashcan. Before being hit, he saw one or two 32-ounce bottles falling, and he witnessed one or two more bottles fall from a shelf. No warning cones or signs had been placed in the aisle.
As he approached the bottles, the plaintiff saw a store employee coming from the other side of the aisle where he was stacking merchandise. The plaintiff helped the store employee pick up the fallen bottles, and he was standing up when two bottles fell and hit him on the head. The store employee later stated he’d knocked the bottles off the shelf, and they hit the plaintiff.
The plaintiff was dazed. He spoke to the manager. The incident report included the store employee’s statement. The report also noted that the plaintiff’s ear was red due to the force of the impact. When he went home, the plaintiff was nauseated and weak, and he sought medical attention. He was advised by a medical clinic to go to the ER for evaluation of head trauma, but he went back home instead.