Facts

On March 20, 2008, the manager of the Starbucks in Vista, California, mopped a spill on the floor. She allegedly left liquid standing on the floor, and set out one cone four to six feet past the spill. Plaintiff Anthony Zaccaglin paid for his drink then took a few steps to pick it up. He slipped in the liquid. His head hit the tile floor. He was unconscious for up to 30 seconds.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that Starbucks created the dangerous condition by failing to dry the excess liquid, failing to clearly delineate, and keep customers out of, the wet area and failing to warn that the floor was wet.

DEFENDANT'S CONTENTIONS:
Starbucks claimed that the floor was not wet; the floor was not slippery; and that Zaccaglin did not suffer any permanent injuries.

Settlement Discussions

Plaintiffs made a CCP 998 demand of $1.8 million. Starbucks made a CCP 998 offer of $100,000.

Specials in Evidence

$216,759 $215,199 $1,123,677 $683,717

Injuries

Zaccaglin claims to continue to suffer from symptoms resulting from a mild traumatic brain injury. These symptoms include defective memory, lapses in concentration and judgment, emotional liability, sensitivity to light and sound, and fatigue. Zaccaglin cannot return to work as a chiropractor. His wife, Lisa, has cared for him since the fall.

Result

Jury verdict in favor of plaintiffs for nearly $7.5 million.

Other Information

The jury found that Starbucks was 100 percent at fault. FILING DATE: March 3, 2009.

Deliberation

two days

Length

11 days