Lorene Marks-Foreman v. Prestige Stations, Inc., et al.
Published: Sep. 27, 1997 | Result Date: Jul. 3, 1997 | Filing Date: Jan. 1, 1900 |Case number: 698777 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Daniel Stuart
(medical)
Kirk Wachtmann
(medical)
Defendant
Mark A. Kalish, M.D.
(medical)
Richard Greenfield M.D.
(medical)
Facts
On April 2, 1995, plaintiff Lorene Marks-Foreman, a 50-year-old unemployed woman, was shopping in the Arco A.M./P.M. store in Chula Vista when she tripped and fell. The plaintiff contended that there was a stack of Sunday edition San Diego Union-Tribune newspapers in the aisle of the Arco store that caused her to trip and fall and suffer physical injuries. The plaintiff also contended that she was falsely imprisoned at the Arco store immediately after the incident. The defendants contended that they were not liable for the plaintiff's alleged injuries and damages as the newspapers were an open and obvious condition. The plaintiff brought this action against the defendants based on premises liability and false imprisonment theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $50,000. The defendant made a C.C.P. º998 offer of compromise for $5,000.
Specials in Evidence
$30,000 $10,000 (per the plaintiff) $200,000
Injuries
The plaintiff alleged that she suffered a right wrist sprain, a lumbar sprain, a cervical sprain, hip injury, agoraphobia and pain and suffering.
Other Information
The verdict was reached approximately two years and three months after the case was filed. A mediation was held on May 20, 1997 before San Diego Mediation Center. It did not resolve the matter. The defendants were awarded $10,016 in post trial motion/memorandum for costs.
Deliberation
less than 1 hour
Poll
_______ (#'s Pls.)
Length
3½ days
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