Facts

On Dec. 29, 2004, plaintiff Dorothy Scott, 86, attempted to leave an examination room after an ophthalmic examination. As she did so, the footrest of the chair she was seated on fell on the back of her leg, splitting it open. The plaintiff was treated in the office and then transferred to the emergency room. The wound later became infected, causing plaintiff to be hospitalized for ten days. The wound took over one year to completely heal.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that a simple adjustment would have prevented the footrest from falling.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff failed to take proper care of her wound.

Settlement Discussions

The plaintiff made a C.C.P. section 998 demand of $119,900. The defendant made a C.C.P. section 998 offer of $17,900.

Damages

The parties stipulated to economic damages, which were to be addressed by the court after the trial because the amount could not be determined at the time of trial.

Injuries

Leg debridgement.

Result

Prior to trial, while motions were pending, the parties settled for $152,500, which included stipulated economic damages, prejudgment interest and recoverable costs. The jury awarded the plaintiff $200,000 in past non-economic losses and $25,000 future non-economic losses. The jury voted 7-1 on liability and 8-0 on damages. After adjusting the verdict for comparative fault, 60 percent to defendant and 40 percent to plaintiff for not taking good care of her wound, the net jury verdict was $135,000.

Other Information

Zurich was defendant's insurance carrier.

Deliberation

one day

Poll

7-1 (on liability) and 8-0 (on damages)

Length

four days