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Personal Injury
Premises Liability
Slip and Fall

Marivec Dy v. 99 Cents Only Stores

Published: May 6, 2006 | Result Date: Apr. 19, 2005 | Filing Date: Jan. 1, 1900 |

Case number: SC038250 Verdict –  Defense.

Court

Ventura Superior


Attorneys

Plaintiff

Larry Lee Nash


Defendant

Gabriel H. Wainfeld
(York & Wainfeld)


Facts

The plaintiff fell in an aisle in one of the defendant's stores. According to plaintiff, after falling she observed water on the floor. The plaintiff testified that she fell between 3:45 p.m. and 4:15 p.m. Defendant presented an inspection report that indicated that an inspection occurred at 3:40 p.m. The plaintiff disputed the reliability of the report.

Injuries

The plaintiff claimed soft tissue injuries. She also claimed that the accident aggravated her asthma and caused her to have a sleeping disorder. Further, she was not able to pass her nursing exam and claimed loss of earning capacity.

Result

The jury found for the defendant. It found that the defendant did not have notice of the dangerous condition.


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