Barbara Garcia v. Thrifty Payless Inc., dba Rite Aid
Published: Feb. 15, 2001 | Result Date: Dec. 18, 2000 | Filing Date: Jan. 1, 1900 |Case number: 8197562 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Charles S. Custer
(Gordon & Rees LLP)
Defendant
Jonathan Allan Klein
(Klein, Hockel, Iezza & Patel PC)
Experts
Defendant
Earl V. Fogelberg
(medical)
Facts
On Nov. 25, 1998, the plaintiff, a 57-year-old bookkeeper and office manager, was walking to Rite AidÆs
pharmacy as she had done hundreds of times in the past. She said she did not recall exactly what happened,
but that she fell four feet in front of the pharmacy counter. She claimed that she was told she tripped on a
television tray, which had been set up as a part of a Christmas display in the pharmacy area.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $115,000, but defendant only offered $50,000 pursuant to C.C.P. Section 998. At trial, the defendant raised the offer to $65,000, but plaintiff demanded $130,000. According to the plaintiff, at trial the defendant offered a high-low proposal. An agreement was reached ($35,000/$150,000) during trial. The defendant paid $35,000.
Specials in Evidence
$17,500 $54,000 $20,000
Injuries
The plaintiff alleged that she sustained a severe injury to her right shoulder, which led to the diagnosis of shoulder tendonitis and eventual surgery to remove calcium deposits she claimed resulted from the accident. The plaintiff returned to work half time after the accident. The plaintiff has not worked since December 1999.
Deliberation
four hours
Poll
10-2 (negligence for defendant)
Length
four days
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