Man injured by falling display case wins $470K verdict against Walmart

In a premises liability case, a jury awarded a man a six-figure verdict, holding him partially responsible, after a display case at a local Walmart Neighborhood Market fell on him causing permanent injuries.

William Dirks, represented by Stephen E. Walsh and Barbara “BJ” Knapp of the Walsh Law Firm in Poplar Bluff, sued the store after the accident left him with permanent damage to the nerves of his right shoulder, right arm and right hand.

Dirks was in the checkout line at the store with his back to a display case commonly known as a “sidekick” that contains items such as snacks and magazines. The display weighs approximately fifty pounds when it is filled, which this one was, Walsh said.

“(It) fell while Will had his back to it and it caught his ring finger and pinky and on his right hand and drug him down to the floor with great force,” Walsh said. “What that did was it permanently damaged nerves in his shoulder down to his ring finger and pinky finger.”

Dirks sought care from a medical specialist at Washington University who confirmed this and said in a deposition that Dirks would likely be in pain for the rest of his life.

“There’s not much you can do once these nerves are permanently damaged. So he did the physical therapy, occupational therapy and it helped some, but he’s got permanent restrictions on his range of motion,” Walsh said. “He was an outdoorsman — he liked to kayak, he liked to camp and all that obviously, has been affected because he can’t really use his right arm for much.”

What was unusual about the case from Walsh’s perspective as a plaintiffs’ attorney was that the firm utilized six focus groups dedicated to finding the best way to try this case before a jury.

The participants expressed that they did not like Dirks, the plaintiff, but they liked his wife. So, she became the main witness, Walsh said.

Ultimately, the jury awarded a verdict of $470,000 with 30 percent fault to Dirks and 70 percent to Walmart. That 30 percent was deducted from the verdict, Walsh said.

“Because right after it happened in the store, one of the employees said, ‘Well, I saw him leaning against the display.” They therefore concluded, ‘Well, he must have caused it to fall,’” Walsh said. “The video that we had did not show that he had any contact with it. So, the 30 percent was probably a compromise that they reached in the jury room.”

Attorneys for the defendant declined to comment.

Walsh pointed out that this case was the only civil jury trial in Butler County for the entirety of 2025.

“We wonder what other lawyers do with insurance companies. Do they take the low hanging fruit that’s offered and go on down the road?” Walsh said. “A civil jury trial, at least in our area down here, seems to be a dying art.”

RELATED: Click to search for and submit your Verdicts & Settlements

Amount of verdict, judgment or settlement: $470,000

Type of action: Premises liability

Allocation of Fault: 30 percent fault to Plaintiff; 70 percent fault to Defendant

Venue: Butler County Circuit Court

Case Number/Date: 22BT-CV02619 / 11/21/2025

Judge: Michael Pritchett

Injuries: Shoulder, arm, elbow, wrist, hand

Last Pretrial Demand: $650,000

Last Pretrial Offer: $200,000

Insurer: AIG – National Union Fire Insurance Company for the defendant

Caption: William Dirks v. Wal-Mart Stores East, LP Neighborhood Market #7127

Plaintiffs’ Attorneys: Stephen E. Walsh & Barbara “BJ” Knapp of Walsh Law Firm in Poplar Bluff, MO.

Defendants’ Attorneys: Shaun D. Hanschen & Tony C. “Trey” Watkins, III of Blanton, Nickell, Collins, Douglas, Hanschen & Peters in Sikeston, MO.