Maria Rosales v. Thrifty Payless Inc. dba Rite Aid
Published: Sep. 23, 2003 | Result Date: Aug. 7, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC278443 Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
George B. Singer
(Mahoney Law Group APC)
Defendant
Kevin T. Dunbar
(Dunbar & Associates APLC)
Experts
Plaintiff
Raymond Menchaca
(medical)
Isaac Schmidt
(medical)
Neil E. Spingarn Ph.D.
(technical)
Facts
The plaintiff alleged that on Sep. 17, 2001, at approximately 10:45 a.m., she slipped and fell on a wet floor in the main lobby of the Rite Aid Pharmacy located at 1534 East Florence Avenue, Los Angeles. The plaintiff claimed that after standing in line, she stepped forward and slipped on a wet spot and fell face forward, belly-flop fashion, onto the floor. The plaintiff claimed that she did not know what caused her to slip and fall, although she claimed that after she fell she saw a pink substance on the floor and that this unknown substance had covered her clothing. The plaintiff was taken from the scene by ambulance to St. Francis Medical Center where she was diagnosed with a broken rib and soft tissue injuries to the left arm, upper and lower back and to both knees. The defendant contended that where the fall allegedly took place had been inspected just two minutes before the accident by the assistant store manager when he cleared hand held baskets and shopping carts from in front of the cash registers. At that time, he saw no liquid or pink colored substance on the floor. Additionally, another employee testified that she too was in the area just before the accident and saw nothing on the floor. They testified that if there had been a substance on the floor at the time of the inspection, either they or the customer in front of the plaintiff would have slipped and fallen in it. Immediately following the fall, the two employees referred to earlier, together with a third colleague, went to the plaintiff's location and found her sitting on the floor in a puddle of beer that had formed after she had dropped the six pack she was carrying. However, the plaintiff's expert found no beer on the plaintiff's clothing during his chemical analysis.
Settlement Discussions
The plaintiff demanded over $300,000 at mediation, reduced to $175,000 at the mandatory settlement conference. The defendant offered $10,000 at MSC. The plaintiff's attorney asked the jury to award $350,000.
Specials in Evidence
$63,154 none none $45,000 (total knee replacement)
Injuries
Residual soft tissue injuries to the back and left arm, chest pain, right knee arthroscopy and depression.
Other Information
The plaintiff was impeached by her medical records which revealed that in August 1999, two years prior to the subject accident, she had applied for federal disability benefits for the same injuries she claimed were injured in the subject suit.
Deliberation
45 minutes
Poll
12-0 (negligence), 11-1 (premises liability)
Length
four days
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