Lois Butts v. South Coast Plaza, The May Dept. Stores Co. dba Robinsons-May
Published: Nov. 1, 2001 | Result Date: Sep. 7, 2001 | Filing Date: Jan. 1, 1900 |Case number: 01CC03254 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Jerry C. Popovich
(Hawkins, Parnell & Young LLP)
Experts
Plaintiff
Carl Sheriff
(technical)
T. Page Eskridge
(technical)
Facts
On Saturday, March 11, 2000, at approximately 10:05 a.m., the plaintiff, Lois Butts, tripped and fell on the
eastern sidewalk of the Robinsons-May store at South Coast Plaza. The plaintiff was walking from the parking
lot toward the store doors when she fell. She tripped at or near the curb between the parking area and the
sidewalk, in proximity of a raised concrete slab where the height differential was one-half inch. The plaintiff
fell forward, striking her right knee, ribs and face on the concrete sidewalk. As a result of the accident, the
plaintiff fractured her nose, receiving a laceration on her nose and suffering contusions on several areas of her
body.
Settlement Discussions
According to the plaintiff, the defendants offered a global settlement of $2,000.
Specials in Evidence
$1,414
Injuries
The plaintiff sustained a broken nose, deviated septum, a lacerated nose and broke her glasses, which resulted in two black eyes. Additionally, the plaintiff suffered a contusion to her right knee and a contusion to her right ribs.
Result
The defendant South Coast Plaza was dismissed at the outset of the trial. The jury found that the defendant Robinsons-May was negligent based on the raised seam of concrete. However, the jury determined that there was no causation and thus rendered a defense verdict for Robinsons-May.
Other Information
<E>Page Eskridge was the forensic safety engineer for the plaintiff and he testified that the plaintiff tripped and fell on a raised saw cut in the concrete at the sidewalk at South Coast PlazaÆs Robinsons-May. He also testified that the sidewalk was negligently maintained. Dr. Mah-McCaa testified to the extent of the plaintiffÆs injuries. Carl Sheriff was the defenseÆs forensic safety engineer. He testified to his accident reconstruction, in which he determined that the plaintiff tripped on the curb from the parking area to the sidewalk before she ever reached the raised concrete seam.</E>
Deliberation
two hours
Poll
10-2 (yes on the defendantÆs negligence), 11-1 (no on whether the defendantÆs negligence was a cause of the accident)
Length
three days
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