Facts

Plaintiff Richard Lizzarraga went to Mervyn's with his mother to buy shoes. The plaintiff slipped on a green sign, which had fallen from its post two to three feet from the plaintiff. The sign was a "Sale" sign at Mervyns.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent in leaving the sign on the floor long enough for a patron to slip and fall on. The employees should have noticed the missing sign and taken appropriate action. The defendant's failure to inspect premise regularly made a dangerous atmosphere for previous and future patrons.

Settlement Discussions

The plaintiff demanded $450,000.

Specials in Evidence

$115,309

Injuries

The plaintiff was diagnosed with temporomandibular joint syndrome, post-traumatic insomnia and musculoligamentous sprains/strains of the cervical and lumbar spine; right shoulder, forearm, wrist, hand, knee and ankle sprains/strains; impingement syndrome, hypertrophic degenerative and tendinitis involving supraspinatus tendon; lumbar spine sprain/strain; broad-based disc bulging at L3-4, L4-5 and L5-S1; mild foramina narrowing at L3-4, L4-5, L5-S1 disc collapse. The plaintiff underwent surgery on his right knee for anterior synovectomy, lateral retinacular release, partial plica resection, and subtotal resection of discoid lateral meniscus. The plaintiff was diagnosed with musculoskeletal injuries. The plaintiff then underwent surgery on his right shoulder for arthroscopy, bursoscopy, and bursectomy. The surgery also entailed of debridement of the rotator cuff, removal of the undersurface acromial osteophyte, AC arthroplasty, and an insertion of a pain pump.

Result

The case settled for $350,000.