Facts

Sarah Myers was drinking shots of whiskey with her friend at the Horseshoe Tavern in San Francisco when she complained of severe abdominal pain. She rushed to the emergency room and underwent a CT scan of her abdomen, revealing a shard of glass lodged just below her stomach. She underwent an endoscopic procedure through her throat to remove the piece of glass. She sued the owner of the Tavern, BSB Properties Inc. for negligence and premises liability.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the Tavern served her a whiskey shot with a one-inch-by two-centimeter shard of glass. Plaintiff contended that she could not identify due to the transparency, drank the shot, and swallowed the glass.

DEFENDANT'S CONTENTIONS:
Defendant contended that the alleged piece of glass was not in the shot of whiskey served to the plaintiff. Defendant further contended that the plaintiff ingested the shard at another point in the evening because she had been drinking at other bars. Defendant also contended, in the alternative, the plaintiff and her friend clinked their shot glasses before drinking the shot, causing a shard of glass to chip off into her glass.

Damages

Myers sought $86,000 in past medical costs, $20,000 to $25,000 in damages for her future medical costs, and an unspecified amount for her past and future pain and suffering.

Injuries

Myers underwent an endoscopic procedure to remove the shard of glass through her throat. She began treating with a gastroenterologist nine months later due to ongoing pain, discomfort and diarrhea. She claimed she contracted irritable bowel syndrome, as was triggered by the glass swallowing incident. She continued to experience ongoing symptoms and required continued treatment with her specialist.

Result

The parties negotiated a $97,500 settlement on the second day of trial.

Other Information

INSURER: Crusader Insurance Company for BSB Properties Inc.