Facts

Lida Eradat was walking in a common walkway at Saigon Plaza, a Los Angeles strip mall. She slipped and fell on a mango peel in front of the Saigon Sandwiches store. She filed suit against the owners of Saigon Plaza, Frank and Linda Mak, for negligent maintenance of the premises. Her husband, Yadollah, sued for loss of consortium.

CONTENTIONS:
Plaintiffs claimed that the defendants did not properly maintain the walkway at their shopping center. They claimed that the peel had been on the ground for over an hour before the accident.

Settlement Discussions

Plaintiffs demanded $1 million, defendants offered Lida $52,501 and $1 to Yadolla.

Specials in Evidence

Plaintiff introduced $57,453 in past medical bills for multiple surgeries for wrist ligament repair, one surgery for her rotator cuff injury, and treatment for injuries to her elbow, wrist and shoulder. Plaintiffs contended that Lida would never fully recover from injuries and was left permanently disabled. She claimed future rehabilitation and medical costs of $1,181,575.

Damages

Plaintiffs sought $185,000 in past pain and suffering, and $590,000 for future pain and suffering. They also sought non-economic damages related to Lida's inability to use her hand for the remainder of her life.

Injuries

Lida sustained a torn rotator cuff, two torn ligaments in her wrist, and a fractured left proximal radial head.

Result

The jury found for the defendants.

Other Information

Tran Long, the owner of Saigon Sandwiches, was dismissed from the suit due to an entry of bankruptcy prior to trial. Plaintiffs' motion for a new trial was denied. They failed to file an appeal. Defendants recovered $23,288.30 in costs from plaintiffs.

Deliberation

four hours

Poll

9-3

Length

10 days