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CONFIDENTIAL

Dec. 13, 2001

Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Confidential

Settlement –  $40,000

Judge

Zel Canter

Court

Santa Barbara Superior


Attorneys

Plaintiff

Joseph E. Gerbac


Defendant

Jon W. DeVan


Facts

The plaintiff, while shopping at defendantÆs supermarket in Lompoc, tripped and fell in the frozen food section
when she caught her foot in some plastic material on the floor. She fell forward on her knees, stomach and
hands. She was assisted to her feet by an employee who admitted that he had been in the process of restocking
the shelves with ice cream and had returned to the back of the store to get additional stock. He had left a pallet
in the aisle with about a dozen plastic covers close to it and it was with one of these plastic covers that the
plaintiff had caught her foot. The plaintiff contended that the defendant was responsible for her fall.
The defendant contended that the plaintiff should have been more attentive as to where
she was walking.

Specials in Evidence

$7,865

Injuries

Three weeks prior to the incident, the plaintiff had undergone a pubovaginal sling operation for a bladder condition. The plaintiffÆs urologist testified that as a result of the fall, the sutures were torn from the plaintiff. She will be required to have a second pubovaginal sling operation.

Other Information

PLEASE PROVIDE THE SETTLEMENT DATE


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