Hamilton Wingo recently won a $6 million verdict against Walmart for a customer who was severely injured while visiting one of the retail giant’s auto care centers in the Fort Worth suburbs.

A jury of nine men and three women in Tarrant County’s 67th District Court delivered the unanimous verdict on April 25 following four days of trial and less than five hours of deliberations. The case is Carl Louis Chojnicki v. Wal-Mart Stores Texas, LLC, et al., No. 067-327732-21.

Experienced Hamilton Wingo attorneys Barrett Robin and Sean T. Cook brought the case to trial on behalf of Carl Chojnicki, who was seriously injured in 2019 when he was struck by a vehicle at the Walmart Auto Care Center in North Richland Hills.

The jury heard evidence that a Walmart employee failed to exercise ordinary care when driving a customer’s vehicle in reverse before striking Mr. Chojnicki, who suffered a broken femur that required surgery.

In addition to arguing that Walmart and the co-worker were responsible for their client’s injuries, Mr. Robin and Mr. Cook presented evidence that Walmart was grossly negligent since the company knew of the risks involved in failing to follow an established “spotter” policy but was indifferent to the safety of others in failing to properly staff the auto care center.

The jury assessed 80 percent liability against Wal-Mart Stores Texas, LLC, and 20 percent against the employee driving the vehicle. Mr. Chojnicki’s award includes $1.482 million for future medical care, past physical pain, past mental anguish, and past and future physical impairment. Walmart was assessed an additional $4.518 million in exemplary damages based on the jury’s unanimous finding of the company’s gross negligence. Mr. Chojnicki’s past medical bills were not part of the case or included in the damages requested at trial.

“We could not be more proud of our entire trial team, and the tireless work that Barrett and Sean did to win this well-deserved verdict for our client,” said Hamilton Wingo founding partner Chris Hamilton. “We are very grateful to the jury for their attentive service and thoughtful verdict.”