Alex Johnson, a customer service associate at a Fairfax County Lowe's, decided to run up behind a regular of the store to give him a bear hug causing both individuals to fall against metal shelving in the store.
Mr. Johnson is 6'2 and weighs more than 300lbs, while the customer is only 5'3 and 130lbs. The fall caused the customer's entire body to go numb, later finding out that he had suffered a compressed spinal cord injury. The injury required emergency surgery and nine months of physical therapy.
According to the plaintiff's attorney, Mr. Douglas Wessel, Lowe's argued that they were not liable because the defendant was outside the scope of employment. However, according a Lowe's corporate representative, greeting customers is the most important job of a customer service associate. To add to this statement, the representative stated that higher level managers and an outside firm conduct periodic surveillance to make sure customers are being greeted.
The plaintiff, a self-employed home improvement contractor, is no longer able to perform the heavy labor of his job. He must now supervise employees to do the work.
The trial resulted in a $1.2 million jury verdict for the customer.