Laren Joel Jackson v. 99 Cents Only Store
Published: Jan. 25, 2014 | Result Date: Sep. 20, 2013 | Filing Date: Jan. 1, 1900 |Case number: YC065617 Verdict – Defense
Court
L.A. Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Zong Lang Tsai
(medical)
Defendant
Edwin C. Amos M.D.
(medical)
Agnes M. Grogan R.N.
(technical)
Facts
On Sept. 20, 2009, Laren Jackson went to a 99 Cents Only Store in Hawthorne. While walking into one of the store's aisles, he slipped and fell. He filed suit against the store.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged premises liability because defendant did not correctly maintain the store to be safe for customers. He alleged that there was water on the floor that was coming from two buckets that were catching water from a drip in the ceiling.
DEFENDANT'S CONTENTIONS:
Defendant contended it had a policy of conducting formal inspections on an hourly basis. Defendant argued that plaintiff's rendition of the incident (i.e. buckets to catch mist) was not plausible. Defendant claimed there was no water on the floor and had not received an actual or constructive notice of any dangerous condition.
Defendant also argued that plaintiff had sustained minor injuries, if any. Defendant claimed plaintiff suffered from pre-existing injuries (seizures from a previous head wound) and was non-compliant with his seizure medication following the incident, which resulted in an emergency room visit. Defendant argued plaintiff failed to mitigate damages. Defendant argued that nothing was obstructing plaintiff's view when he was walking down the aisle.
During trial, plaintiff testified that subsequent to the incident he had been a passenger in a vehicle traveling at approximately 70 mph on the freeway. With the exception of seizures, his personal injury claims were the same.
Settlement Discussions
Plaintiff demanded $1 million and the defense made no offer.
Injuries
Jackson suffered back and head injuries, which brought about seizures. He also suffered injuries to his right shoulder, and eyes, and experienced head dizziness, body weakness, frequent forgetfulness, severe pain that requires that medication be taken, and sense of loss.
Result
The jury found in favor of the defense.
Other Information
Plaintiff has appealed.
Deliberation
two hours
Poll
11-1
Length
six days
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