Facts

The plaintiff alleged that she slipped and fell on "excessive liquid" after making her purchases at Whole Foods' West Hollywood store. A wet floor sign was in place at the time of plaintiff's fall. The plaintiff alleged that she did not see the sign and fell because of the liquid. The plaintiff sued Whole Foods Market and its independent maintenance company, Super Star Janitorial Service, for premises liability and negligence.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Whole Foods and Super Star Janitorial Service were negligent by failing to maintain the floor free of excessive liquid, by failing to place a warning sign, and by not maintaining a proper maintenance system.

DEFENDANT'S CONTENTIONS:
Whole Foods denied plaintiff's facts and theories of liability. Third party witnesses testified that the floor was dry when plaintiff fell and that the caution sign was clearly visible. Whole Foods further contended that it and its maintenance company maintained a sweep policy more rigorous than industry standards and which was satisfied on the day of the incident. Evidence was admitted which established that plaintiff had a history of prior alleged accidents and subsequent lawsuits.

Settlement Discussions

The plaintiff demanded a six-figure settlement. Whole Foods' served a C.C.P. section 998 offer at $5,001.

Specials in Evidence

$22,000; $6,000 to $7,000 a month; $151,000;

Damages

The plaintiff claimed damages in excess of $250,000.

Injuries

The plaintiff claimed neck, back, shoulder, teeth, TMJ and head injuries. The plaintiff claimed the need for future epidural blocks and disk surgery, as well as dental work to repair teeth fractured as a result of the incident.

Result

Defense verdict. Whole Foods obtained a $14,063 cost bill in its favor.

Other Information

FILING DATE: Aug. 4, 2005.

Deliberation

15 minutes

Length

five days