Facts

Sachin Prakash, 51, and his daughter Shaina Prakash, 16, sued defendants following an altercation on Oct. 30, 2012, at the WinCo Foods located on West Ashlan Avenue, near the border of Clovis and Fresno. Defendant Ricardo Vincent Barboza was ultimately dismissed from the case.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that they told store employees that they were being threatened by another shopper following a dispute about a spot in a checkout line but that the employees failed to take any action. The shopper threatened plaintiffs by calling for her husband, defendant Ricardo Vincent Barboza, to physically assault Sachin. As Barboza went to strike Sachin plaintiff Shaina stepped in front of her father, to diffuse the situation, and was struck by Barboza. Barboza then proceeded to punch Sachin in the head several times.

DEFENDANT'S CONTENTIONS:
WinCo contended that it was not negligent and that plaintiffs could have left the store after being threatened.

Injuries

Sachin was rendered unconscious and later treated at the emergency room for facial lacerations. He also sustained soft-tissue injuries to his neck and was diagnosed with mild to moderate post-traumatic stress disorder. Shaina sustained swelling and bruising to her nose and suffered from mild to moderate PTSD.

Result

The jury found WinCo was negligent and determined the Prakash's damages totaled $54,290. As to Sachin Prakash, it found that he was 10 percent at fault, WinCo was 40 percent at fault, and Barboza was 50 percent at fault. As to Shaina Prakash, the jury found that she was not negligent. It found Barboza 55 percent at fault and WinCo 45 percent at fault. After apportionment, the Prakashs' recovery from WinCo totaled $20,894.40.

Other Information

FILING DATE: May 21, 2013.