Facts

Sally Ember sued YJ Pizza Corp. d/b/a Papa John's, in connection with a fall.

PLAINTIFF'S CONTENTIONS:
Plaintiff walked into a Papa John's restaurant in Berkley when she tripped over two canes belonging to blind customers. The canes had been left on the ground. Plaintiff fell and hit her head, causing a brain injury. Plaintiff then sued Papa John's operator, YJ Pizza, for premises liability.

DEFENDANT'S CONTENTIONS:
Papa John's denied liability and blamed plaintiff's negligence for the fall. Papa John's also disputed the extent of plaintiff's claimed injuries.

Settlement Discussions

Ember made a CCP 998 demand of $199,999, which Papa John's countered with a CCP 998 offer of $35,001.

Damages

Ember sought $20,026 in past medical expenses; between $10,000 and $50,000 in future medical and psychological expenses; $112,000 in lost income; and damages for past and future pain and suffering.

Injuries

Ember allegedly sustained a brain injury, resulting in memory lapses as well as post-traumatic stress disorder. She also underwent chiropractic care and cognitive therapy.

Result

The jury found Papa John's 40 percent liable for the fall, the non-party blind couple was found 20 percent at fault, and Ember was found 40 percent at fault. It then determined her total damages to be $48,591. Ember was set to recover $25,134 after the offset. The total sum included $5,322 for past medical expenses, $10,000 for future medical expenses, $12,354 for past lost earnings, $15,000 for past pain and suffering, $5,000 for future pain and suffering, and $915 for miscellaneous expenses.