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| Plaintiff Attorney: Marvin Stuart Lanter; Law Offices of Marvin Stuart Lanter; Los Angeles, CA Defendant Attorney: Ball, Pyfrom, Yorke and Associates, Ventura, by Gregory C. Pyfrom, Sr. Injury: Dr. Rhodes testified that plaintiff suffered a trimalleolar fracture of the left ankle, for which she underwent internal fixation, with future surgery contemplated to remove the hardware. Specials: Medical to date $19,656, according to plaintiff attorney; $26,000, according to defendant attorney. Future medical $10,000 to $20,000. Summary: November 4, 1991, plaintiff, a 38-year-old housewife, was injured when she slipped and fell in the frozen food aisle of Viva Market dba Boys Market (now known as Alpha Beta) on La Brea Avenue in Inglewood. She was accompanied by a friend. Plaintiff walked with her friend to the end of the frozen food aisle and stopped to obtain a product. She turned and slipped and fell. The accident was seen by an independent witness. Defendant's three witnesses left defendant's employ soon after. They had no recollection of the accident other than pictures taken at the scene. Plaintiff contended that she slipped in liquid spilled on the floor; that defendant's employees had discovered the spill and left a caution cone at the scene; that the placement of the cone was inappropriate and caused or contributed to this accident; that defendant knew of a dangerous or defective condition but failed to clean it up in a timely fashion; that defendant's cleanup procedures were below industry standards; that it should have kept sweep sheets to guarantee that the floor was swept hourly; and that its failure to remedy the condition upon notice was below the standard of care. Defendant contended that the store manager brought the caution cone to the area of the spill after plaintiff fell; that if the cone was present, then plaintiff should have seen the cone and the large spill; and that if the cone was not present, then defendant had no notice. Plaintiff attorney asked the jury to award $250,000. Jury out one-half day after a six-day trial.
Post Trial Motion: Motion for new trial not made. Settlement Talks: Defendant rejected a $203,000 arbitration award to plaintiff. Demand $179,999 C.C.P. 998. No offer. |
