Facts

Plaintiff Jane Doe, 67, was shopping at defendant's tile store. Plaintiff inadvertently caught her sleeve on a group of tiles that where leaning against the wall. The three tiles struck her on the foot.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the tiles leaning against the wall were improperly stored and were subject to movement if someone should unintentionally contact the resting tile.

The person most knowledgeable for defendant testified that they were aware that the tiles could be displaced. Defendant further was aware of various other displays in which the tile could have been placed to prevent it from movement. Plaintiff was unemployed at the time of the incident.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the incident could not have occurred as plaintiff testified. Defendant argued that the tiles were open and obvious and that plaintiff had been in the store in the past.

Settlement Discussions

Plaintiffs made a CCP 998 demand of $600,000. Defendant offered $250,000.

Specials in Evidence

$25,000 (per Howell) $289,000 (disputed by defendant)

Damages

Plaintiff's husband claimed loss of consortium.

Injuries

Plaintiff claimed she fractured her big toe and later developed complex regional pain syndrome because of the initial injury. Defendant claimed that plaintiff did not have complex regional pain syndrome according to their medical expert.

Result

The case settled for $405,000 on the first day of trial.