Eloisa Saldana v. Toys "R" Us
Published: May 6, 2003 | Result Date: Apr. 8, 2003 | Filing Date: Jan. 1, 1900 |Case number: 00CC15178 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Gerry De Simone
(De Simone & Huxster)
Experts
Plaintiff
Bijan Zardouz M.D.
(medical)
Defendant
Arthur P. Kowell M.D., Ph.D.
(medical)
Facts
The plaintiff, a 47-year-old unemployed female, arrived at the defendant's store with her daughter-in-law and subsequently fell in the baby products aisle. The plaintiff claimed that she fell on diaper gel that had emanated from a dirty diaper that had been left in the aisle.
Settlement Discussions
After the arbitrator entered an award of $75,000, settlement discussions were effectively ended due to the plaintiff's expectations and the defendant's strong belief that there was no liability. The plaintiff agreed it would accept the arbitration award. The defendant offered $5,000 in the form of a statutory offer which was raised to $10,000 shortly before the initial trial date.
Specials in Evidence
$25,851 $150,000 (if further surgery was needed)
Injuries
The plaintiff alleged back injury which exacerbated a prior back problem in 1993.
Other Information
Arbitrator Jeffrey I. Pheffer awarded $75,000 in favor of the plaintiff.
Deliberation
two hours
Poll
12-0
Length
five days
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