A 90‑year‑old grocery store patron was struck by another customer pushing an overloaded cart and suffered catastrophic injuries resulting in quadriplegia before his death several years later.
The estate and spouse sued the patron and the store operators alleging occupiers’ liability and negligent failure to control the use of overloaded carts.
The court held the store owed a duty under the Occupiers’ Liability Act but had reasonable safety policies and no employee had sufficient opportunity to observe and prevent the hazardous conduct.
Liability was found entirely against the patron who pushed the cart without being able to see where he was going.
Damages for general damages, pecuniary loss, and Family Law Act loss of care and companionship were awarded against the patron, while the claims against the store defendants were dismissed.
