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Denni Barber v. Ralphs Grocery Co.

Published: Mar. 25, 2006 | Result Date: Jan. 26, 2006 | Filing Date: Jan. 1, 1900 |

Case number: 05CC02136 –  $0

Judge

Kirk H. Nakamura


Attorneys

Plaintiff

Michael A. Brewer


Defendant

Carlton Lee Harpst

Melody R. Pendleton


Experts

Plaintiff

Amy Wolfner
(medical)

Patrick Roth
(medical)

Defendant

Stewart L. Shanfield
(medical)

Facts

The plaintiff is Denni Barber. The defendant is Ralphs Grocery Co. In July 2004, the plaintiff was shopping at a defendant grocery store in Mission Viejo. Another customer spilled water in her basket onto the floor. A female cashier observed the spill and called an employee to clean it up. While another employee went to get warning cones, the cashier waited around the area to warn approaching customers. The plaintiff walked behind the cashier and slipped.

Specials in Evidence

The plaintiff asserted to have missed months of work and $32,000 in lost wages.

Damages

The plaintiff also alleged pain and suffering. The sum of her demand was $120,000.

Injuries

The plaintiff suffered soft-tissue injuries to her neck and back. Her doctor testified that her treatment was reasonable and necessary due to the fall. The plaintiff, who was a few months pregnant at the time of the fall, also alleged pelvic injuries. The defense accepted the plaintiff's soft-tissue injuries. It challenged the pelvic injuries and work loss. An orthopedic surgeon testified that the plaintiff's claim of groin pain stemmed from a spine curvature that was worsened due to her pregnancy. His evidence demonstrated that the plaintiff suffered from the same pain during a previous pregnancy.

Result

The jury found that the defendant was not negligent.

Deliberation

four hours

Poll

10-2

Length

four days


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