Daisy Rivera v. Super Center Concepts Inc. dba Superior Grocers, and Does 1 to 50
Published: Apr. 1, 2017 | Result Date: Feb. 2, 2017 | Filing Date: Jan. 1, 1900 |Case number: BC575155 Verdict – $181,136
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Aaron R. Stiegler
(Carpenter, Zuckerman & Rowley LLP)
Defendant
Evan A. Berman
(Berman Berman Berman Schneider & Lowary LLP)
Victoria V. Tsylina
(Lurie, Zepeda, Schmalz, Hogan & Martin, APC)
Facts
Daisy Rivera sued Super Center Concepts Inc. d/b/a Superior Grocers, in connection with an alleged fall that occurred on Oct. 23, 2013.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was shopping at Superior Grocers when she slipped in the produce section, injuring her right leg. Plaintiff allegedly slipped on a small amount of water that was left standing as a result of defendant's negligent maintenance of the property, creating a dangerous condition.
DEFENDANT'S CONTENTIONS:
Defendant contended it had no notice of the allegedly dangerous condition. Defendant denied that plaintiff fell on the small amount of water allegedly present. Defendant also denied knowing where the water came from. Overall, defendant blamed plaintiff's own negligence for the fall. Plaintiff allegedly tripped over several produce bags she had just taken from the plastic bag roller without separating them.
Settlement Discussions
Rivera demanded $400,000 in settlement, which Superior Grocers countered with ta $100,000 offer
Damages
Rivera sought $64,636 in past medical expenses, $103,425 in future medical expenses, $450,000 in loss of past and future household services, $704,400 for past pain and suffering, and $621,000 for future pain and suffering.
Injuries
Rivera fractured her right femur and underwent surgery to repair it.
Result
The jury found in favor of Rivera and awarded her $181,136 in total damages, including $64,636 in past medical expenses, $38,500 in future medical expenses, and $32,500 in past-noneconomic damages, $34,500 in future non-economic damages, and $0.00 in future lost household services.
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