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Personal Injury
Premises Liability
Trip and Fall

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

Robert C. Baxley

Court

San Diego Superior


Attorneys

Plaintiff

Alexander L. Wright

Jeffrey D. Poindexter


Defendant

Christopher S. Williams

Ronald R. Webb


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


#109864

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