Deals & Suits Wild Oats Market customer wins judgement

August 23, 2002	By: Jimmy Hancock

The suit: Michael Magaldi, a Miami resident, filed suit in Miami-Dade Circuit Court against Boulder, Colo.-based Wild Oats Market Inc. He alleged that the market was negligent because the company had not properly maintained a sensor for an automated door at its Pinecrest store, which led to a door opening and striking him in the lower back. He also alleged that a newspaper rack, next to which he was standing when he was struck, was improperly placed.

   The Attorneys: Spencer Aronfeld, a partner, and Anthony White, an associate at Aronfeld Trial Lawyers in Coral Gables, represented Magaldi. Eugene B. Sauls Jr. of Ribler Gilmartin & Sanchez in Miami represented Wild Oats Market.

    Details: Magaldi, now 59, was standing just inside the entrance of the supermarket in July 1998, reaching for a newspaper on the rack behind the automatic door. The door opened inward, allegedly striking him in the back.

   An engineer hired by the plaintiff as an expert testified that a sensor designed to stop the door from opening when someone was behind it failed to work. The engineer also said that the newspaper rack was placed in a dangerous spot. The injury allegedly aggravated Magaldi's pre-existing back problem. A defense settlement offer of $2,500 prior to the trial was rejected.

   After a two day trial, the jury deliberated for most of a day before returning with a verdict of $88,628. It found Magaldi 60 percent responsible, leaving Wild Oats liable for $35,451 in damages.

   Sauls says he filed a motion to correct what he says is a clerical error in the verdict form, which would reduce the Wild Oats' liability to $29,771.

–Jimmy Hancock

Published on aronfeld.com with permission. These materials have not been altered. You may not reproduce or publish these materials without prior consent of publisher. These materials may be copyrighted.