Facts

Plaintiff Barbara Robinson, a 55-year-old customer at the Food 4 Less Store located at 2185 South Street, Long Beach, slipped and fell in spilled water on the sales floor sustaining injuries.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that Food 4 Less was negligent in the maintenance as well as the inspection of its sales floor, and that plaintiff would require multiple surgeries as a result.

DEFENDANT'S CONTENTIONS:
The defendant contended that it was not negligent in the maintenance and inspection of its sales floors and offered a floor inspection report for the date of incident and testimony from a former employee witness who had become a correctional officer in Salinas, California, to establish reasonable floor inspection procedures.

The defendant also disputed the nature and extent of the alleged injuries and surgeries recommended by Dr. William Simpson through cross-examination, which included the fact that plaintiff's counsel had represented Dr. Simpson and secured a judgment in excess of $1.3 million for Dr. Simpson in a commercial lease dispute. The defendant did not call a medical expert at trial.

Settlement Discussions

An offer of $2,000 was made by the defense before trial but was rejected by plaintiff.

Specials in Evidence

$4,838

Injuries

The plaintiff sustained chronic right and left knee internal derangement, chronic lumbar musculoligamentous sprain with disc herniation, right hip injury that causes limping, broken left wrist requiring cast with residual sprain and carpal tunnel syndrome.

Result

The defendant's motion for nonsuit at close of plaintiff's evidence was denied. At close of trial, judge returned a defense verdict.

Other Information

FILING DATE: July 31, 2007.