A Mercer County jury has awarded $3.64 million to a man who was hurt in a trip and fall at a Staples office supply store in Hamilton, claiming his back injuries were the result of the chain violating its customer safety policies.

The award for plaintiff James Simmons, following a trial from Dec. 9 until Dec. 16 before Mercer County Superior Court Judge Robert Lougy, was subsequently molded by the court after a finding that Simmons was 20% at fault for his injuries, according to court papers, and the amount was adjusted to approximately $3.14 million after prejudgment interest. Judgment was entered in that amount on Jan. 6.

Staples has since filed a motion for a new trial. Staples' attorney, Alan White of Bonner Kiernan Trebach & Crociata in Parsippany, did not respond to a request for comment.

Simmons is represented by David Schmid of Stark & Stark in Lawrenceville, who claimed in a statement that the defense "vigorously" contested liability by maintaining that his back injuries were degenerative in nature.

"However, through the cross examination of Staples' own medical expert, the jury was able to see through this 'degenerative' defense," Schmid said. "In addition, through the testimony of Staples' own employees and corporate directors, we were able to demonstrate to the jury that customer safety was not a priority at the Hamilton Staples store. The store violated its own safety policies, leading to serious, lifelong injuries to a customer, and its response was to blame Mr. Simmons and deny his claims."

Schmid added, "Ultimately, the jury's verdict shows that they know the difference between right and wrong. Their verdict is proof that large corporations will be held accountable when they negligently injure people."

According to a statement from Stark & Stark, Simmons, then 55, was browsing for computers in the store when a Staples employee was called away, leaving a merchandise tote on the ground behind Simmons. The firm said Simmons tripped over the tote and fell, suffering a herniated disc in his lumbar spine.

Simmons participated in physical therapy and underwent two lumbar surgeries. He is expected to undergo an additional surgery, the firm said.

According to Staples court papers, "one of the central issues in this case is whether MRI's taken of the plaintiff's lower back subsequent to the fall at the store revealed a lumbar herniation or merely degenerative disease with lumbar bulges. Specifically, an MRI of plaintiffs lower back was taken on July 2, 2015 by Dr. Andrew Gargiulo, a radiologist … whose opinion was that the impression was degeneration and bulges. Throughout the depositions, questions were also raised about a report issued by Dr. David Clements who also, upon a review of the films, rendered the opinion that there was mere degeneration in the lower back and recommended against surgery."