Facts

On May 26, 2000, plaintiffs John Croll and Gladys Croll entered a Kmart store in Torrance. Gladys slipped on liquid hand soap that had been spilled on the floor. The hand soap spill was between 12 to 20 feet long and five feet wide.

PLAINTIFFS CONTENTIONS:
The plaintiffs contended that defendant Kmart Corporation was negligent in its maintenance of the store, which caused Gladys to slip and fall. DEFENDANT

The plaintiffs contended that defendant Kmart Corporation was negligent in its maintenance of the store, which caused Gladys to slip and fall. DEFENDANT CONTENTIONS:
The defendant contended that it had no notice of the spill, which occurred 3 to 5 minutes before her fall and that Kmart's maintenance procedures were adequate.

Settlement Discussions

The parties participated in three settlement conferences. According to the plaintiffs, they demanded $400,000 and the defendant did not make an offer. According to the defendant, the plaintiffs demanded $1 million (which the plaintiffs dispute) and it offered $100,000. The defendant also asserted that any verdict or settlement was complicated by Kmart's bankruptcy, which would reduce any potential award.

Damages

John claimed loss of consortium.

Injuries

Gladys suffered a tibia plateau fracture of her right leg. She underwent surgery and five months later developed thrombosis, which she claimed was a result of her fall. John and Gladys claimed they suffered from diminished quality of life due to Gladys' lack of mobility. The defendant claimed that Gladys' thrombosis was caused by pre-existing health conditions, and not by the fall.

Result

The jury found that Gladys' thrombosis was not caused by the fall. It awarded Gladys $9,607 in past economic damages, $100,000 in past non-economic damages, and $165,000 in future non-economic damages. On John's loss of consortium claim, the jury awarded him $122,000. TOTAL AWARD: $396,607.

Deliberation

four hours

Poll

10-2 (liability), 9-3 (causation)

Length

five days