Facts

On Dec. 17, 2005, plaintiff Emily Houde, age 67, tripped over a Christmas tree display at defendant Longs Drug Stores Corporation (Longs) store in Oakland, California. Previously, on Nov. 8, 2005, Houde was at the home of defendants Denis and Whitney Murphy to demonstrate a decorative wall painting technique. While demonstrating the technique, Houde tripped and she fell.

Houde filed suit against the Murphy defendants and against Longs in separate actions on Jan. 11, 2007. The two cases were consolidated. Longs filed a cross-complaint for indemnity against the Murphys.

PLAINTIFF'S CONTENTIONS:
Houde contended that she fell and injured her left knee and right shoulder at the Murphys when her feet became entangled in a lamp cord and unsecured tarp placed on the floor. Plaintiff broke her right femur at the Longs store when she tripped over a raised curb that was obscured by the Christmas tree display.

Settlement Discussions

Houde made a C.C.P. section 998 offer of settlement to the Murphys in the amount of $295,111 and an offer in the amount of $285,122 to Longs. The Murphys made a C.C.P. section 998 to plaintiff for waiver of costs.

Specials in Evidence

$297,000 $100,000

Damages

Houde sought damages in the amount of $397,000 for medical expenses and an unspecified amount for non-economic damages.

Injuries

Houde claimed injuries to her right hip, left knee, right shoulder, and emotional distress.

Result

Longs settled the plaintiff's claims before trial for the amount of $215,000. The Murphy defendants received a finding of no fault from the jury (see Houde v. Whitney Murphy, Denis Murphy).

Other Information

FILING DATE: Jan. 11, 2007.