Kmart Settles Shopping Accident Suit for $120,000




Kmart Settles Shopping Accident Suit for $120,000

Kmart has settled a personal injury lawsuit with an elderly woman who was knocked down by an employee pushing a shopping cart in one of Kmart’s New York stores.

Josephine Miraglia, 73, suffered an elbow fracture when she was knocked down in Feb. 2003.

Kmart and Miraglia have now settled out of court for $120,000 three years later, according to her lawyer, Michael H. Bush.

Miraglia was browsing Kmart’s picture frame aisle as a store employee pushing an “overloaded” shopping cart collided with Miraglia’s right side, according to court documents. The impact caused her to fall to the floor, fracturing her left elbow, said Bush.

As a result of the accident, Miraglia was forced to undergo surgery.

The surgery confined her to her home for two months while she recuperated, her attorney said.

Miraglia filed the suit in the state Supreme Court alleging that Kmart was negligent, and created a dangerous condition resulting in an injury.

The suit was settled out of court just before a jury was to be selected for the trial, said Bush.

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