Rick Kostbar v. Alpha Beta Company, et al.
Published: Sep. 16, 1995 | Result Date: Sep. 5, 1995 | Filing Date: Jan. 1, 1900 |Case number: SC102043 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Karl E. Epstein
(medical)
Defendant
Richard I. Fedder
(medical)
Alan M. Gross
(medical)
Facts
On August 16, 1993, Plaintiff Rick Kostbar, a 37-year-old specialist in film processing, slipped in water on the floor of the produce section of Defendant Alpha Beta Company's grocery market. The area was adjacent to 3 boxes stacked near the wet rack and 15 feet away from an Alpha Beta employee stacking the wet rack. The nature of the items being stacked, near where Plaintiff slipped, has yet to be identified. Prior to this incident, in November of 1992, Plaintiff was involved in a serious workers' compensation low-back injury; he had been off work from November 1992 through June of 1993, when he returned to light duty. Plaintiff has not yet returned to work following the subject incident.
Settlement Discussions
Offers and/or demands, exchanged prior to this result, were not disclosed.
Specials in Evidence
$9,000 $60,000 yearly $1,680,000 $25,000 to $30,000
Injuries
Eight mm disc protrusion at L4-5 touching the thecal sac and causing severe neurological problems requiring physical therapy and future surgery.
Other Information
A prior arbitration by James Armstrong resulted in a Plaintiff's award of $49,980 (no future surgery or future loss of earnings were made at the arbitration); trial de novo by Defendant. This case was tried before a jury at Ventura County College of Law; the jury was chosen from the Southern California jury pool.
Deliberation
45 minutes
Poll
12-0
Length
5 days
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