A Riverside County jury awarded $6,081,000 to a toddler who suffered a skull fracture after falling from a shopping cart which collapsed beneath him at a grocery store. The jury determined defendant, The Peggs Company, Inc., faced liability for the defective shopping cart that it manufactured and designed and also for negligence in performing inspections and maintenance to ensure the shopping cart was safe for customer use. Plaintiff was represented by David Rudorfer and Wyatt Vespermann.
A mother had brought her then three-month-old son, plaintiff X.M., to shop for groceries at a Food 4 Less. She took the baby out of her vehicle in a child car seat and then placed the baby while in the child car on top of shopping cart where young children are expected to sit. The mother proceeded to shop for groceries with her baby on top of the shopping cart while in the child car seat. As mother and son exited the store after paying for the groceries, the shopping cart suddenly broke in half – the basket separated from the metal frame and tipped forward, causing the infant in his car seat to crash to the ground. Security footage obtained from Food 4 Less not only captured the horrific incident on camera, it also revealed the left-side of the shopping cart’s rear metal frame was completely fractured at the time X.M. and his mother entered the store.
As alleged in the complaint, the subject shopping cart was designed, manufactured, sold and promoted by The Peggs Company, Inc. as “perfect for large retailers looking to increase shopping capacity and shopper experience. Heavy-duty frame allows for increase weight and storage.” In reality, the shopping carts were a tragedy waiting to happen — fabricated overseas in China and using both a design and metal materials that are highly inferior and dangerous. Peggs knew or should have known that the carts had a high failure rate at this location due to defects in the design and manufacture of the shopping cart.
At trial, The Peggs Company, Inc. argued that the mother was at fault for her son’s fall because he should not have been placed on top of the shopping cart while in a child car seat. They also disputed the extent of X.M.’s injuries and whether any deficits he had could be attributed to his head injury. The jury found defendants The Peggs Company 70% at fault and Food 4 Less 30% at fault for X.M.’s injuries and awarded him a total of $6,081,000 in damages.
The claims against defendant Food 4 Less resolved prior to trial.