She slipped and fell causing a severe fracture of her right tibial plateau. Through the discovery process, it was revealed that the manager was building a display and then left the area unattended in violation of OSHA's own safety policy. The manager also violated store policy by failing to place any cones or signs out warning customers that a display was being constructed.
Robert Cortelyou had a stroke shortly after his wife's injury. Because of Denise's badly fractured right knee, she was unable to care for her husband at home. He was forced to live in a convalescent hospital nearly an hour away. As a result, the two, who had not been apart for 30 years, were now separated indefinitely.
The case resolved after motions in limine had been filed and trial was set to begin for the sum of $1.3 million. The settlement allowed Denise Cortelyou to bring her husband home.