Wal-Mart ham trial under way
IRINA SLUTSKY
Herald Staff Writer

BRADENTON - Suzanne Vasquez's life "completely changed" after a 13-pound country ham fell on her head at the Cortez Road Wal-Mart Supercenter, her husband testified Wednesday.

"She is always tired and is having headaches," Javier Vasquez said. "She has seizures. She starts trembling and saliva comes out of her mouth. She cannot do anything other than sleep or go to the doctor."

While Javier Vasquez spoke, jurors passed around a large ham - reportedly similar to the one sold by Wal-Mart - handed to them by the plaintiff's attorney.

Suzanne Vasquez, 47, was in court alleging that the head injury she suffered in August 1997 while shopping at Wal-Mart caused her to develop epilepsy.

Her attorney, Terence Matthews, told jurors Vasquez was diagnosed with epilepsy shortly after the injury. Matthews contends that because of Wal-Mart's negligence, Vasquez will suffer for the rest of her life.

"According to science, Mrs. Vasquez is expected to live 34 more years," Matthews said. "That is 34 years as an invalid, years of pain and desperation."

Matthews showed jurors a photo of the ham display. He said the hams were hanging on pegs rather than hooks, and when Vasquez reached up to check the label on the ham, it crashed on her head.

"Mrs. Vasquez told a Wal-Mart employee that the ham could have killed a senior citizen," Matthews said. "She was struck so hard with the ham that was as hard as an anvil, she heard cement grinding in her head."

Vasquez's husband testified the couple went to the emergency room a few hours later when Vasquez said she didn't feel well and began vomiting.

During his opening statement to the jury, Wal-Mart attorney Steven Sundock that Wal-Mart was not responsible for Vasquez's injury.

"The ham rail was purposefully hung high above the cooler," Sundock said. "The hams were only accessible to Wal-Mart employees by ladder." Sundock showed the jury a diagram of the display.

"The ham could not have struck Mrs. Vasquez," Sundock said. "Even in Wal-Mart, Isaac Newton's law of gravity still exists."

Sundock explained that the ham would have fallen straight down into the cooler and could not have fallen on top of Vasquez's head, which was to the side of the display.

"It could have grazed her in the head," Sundock said. "Doctors will testify she did not get epilepsy from the alleged trauma to her head."

A safety expert testified that the ham display was not set up well for customers.

The trial is scheduled to continue today.

[From The Bradenton Herald, 13 June 2002]