Mitchell Cabela's store not responsible for woman's injury, jury says
A Davison County jury decided Wednesday that Cabela's had no responsibility in an injury of a customer on its property. The decision brings the two-year case against the national retail company to an appeal period. On June 7, 2012, Annette Steile...
A Davison County jury decided Wednesday that Cabela's had no responsibility in an injury of a customer on its property.
The decision brings the two-year case against the national retail company to an appeal period.
On June 7, 2012, Annette Steilen, of Alexandria, was shopping in Cabela's in an aisle with camping-related items, court documents state, when her shoulder bumped a steel Curt-brand receiver hitch - used to hook a trailer to a vehicle - which struck her wrist before falling to the floor.
Steilen, who is left-handed, "suffered a significant crush injury" to her left wrist and continued to experience pain over the following years. The case was first filed with the Davison County Clerk of Courts on June 2, 2014.
"Defendant had an affirmative duty of care to provide a safe shopping environment to plaintiff," Steilen's attorney, Shawn Tornow, said in court documents. "Defendant breached its duty of care when it negligently displayed such receiver hitch or when it allowed such receiver hitch to be displayed for sale in the manner it did."
In a responding document, Cabela's, represented by Gary Thimsen, alleged the "plaintiff's own negligence and want of ordinary care caused or contributed to plaintiff's injuries" and denied that Steilen had been injured as seriously as she claimed.
Cabela's also denied the company had any obligation to respond to Steilen's injury or had responsibility for any damage to her personal or professional reputation.
Steilen sought monetary judgment "equivalent to her past injuries and damages sustained," as well as for past and ongoing medical bills and prosecution costs.
The jury trial spanned three days from July 25 to 27. According to court documents the jury found the case on July 27 in favor of the defendant, Cabela's.
Steilen has 30 days to appeal the decision to the South Dakota Supreme Court.