A federal judge has ordered Walmart to pay a Rockland man $1.6 million for injuries he suffered while testing a bicycle at a store in Suffern.
A jury in U.S. District Court, White Plains, issued a $3.1 million verdict for Cosmo Campodonico of South Nyack, on Aug. 5, but reduced the award after finding that Walmart 49% liable and Campodonico 51% liable for the accident.
U.S. Magistrate Judge Andrew E. Krause issued the $1,579,340 judgment against Wal-Mart Stores East LP, the operator of the Suffern Walmart. The award includes past damages, future pain and suffering, attorneys fees and litigation costs, and interest for 39 days following the jury verdict.
Krause ordered Wal-Mart Stores East to use nearly $634,000 of the judgment to buy a 10-year insurance annuity that will pay Campodonico $61,067 a year plus yearly increases of 4%.
The accident happened on Aug, 23, 2016 when Campodonico, according to his account, was given permission to test a bike in the garden center at Walmart. As he rode forward for a few feet he tried to use the brakes to make a turn, the brakes failed, he crashed into a row of bikes on display, fell and injured his right shoulder.
Campodonico accused Walmart of negligence in a 2018 lawsuit filed in Rockland Supreme Court and moved at Walmart’s request to federal court. He claimed that the bike was assembled improperly and no warnings were posted about the hazard.
Walmart answered that it did not create a hazardous condition because bikes were delivered to the store with the brakes already assembled. Campodonico was solely responsible for the accident, the retailer claimed.
Campodonico underwent four surgeries, according to pleadings. Part of his collarbone was removed, his right shoulder was replaced and then the procedure had to be reversed. He has recurring dislocations. The shoulder got infected and he was hospitalized for more than a month while receiving IV antibiotic therapy. He has difficulty using his right shoulder and right arm and he has developed emotional and psychological distress due to fears of losing use of his arm.
Walmart argued that the injury amounted to a minor aggravation to a pre-existing condition.
Campodonico was represented by attorneys Robert Lucchese of Brewster and Nicholas E. Tzaneteas of Brooklyn. Walmart was represented by Thomas M. and Patricia A. O’Connor of Suffolk County.
It pays to be stupid.