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Personal Injury
Premises Liability
Dangerous Condition

Latrelle Gaddies v. Safeway Inc., and Does 1 through 25

Published: May 16, 2015 | Result Date: Mar. 16, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CGC-13-533920 Verdict –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Daniel Slijepcevich


Defendant

David J. Streza
(Vogl Meredith Burke LLP)


Facts

Latrelle Gaddies sued Safeway Inc., in connection with a fall.

Contentions

PLAINTIFF'S CONTENTIONS:
On August 13, 2013 Latrelle Gaddies contended that she slipped and fell on a wet spot inside a Safeway restroom. She claimed that she fell backwards, hitting her back and neck against the wall. She was taken to the hospital, where immediate surgery was recommended. She later had cervical fusion surgery on August 27, 2013. Although she had prior neck pain from 2009, she claimed that the fall aggravated her neck pains. She sued Safeway Inc. and others, alleging that Safeway negligently repaired and maintained the bathroom, causing a dangerous condition.

DEFENDANT'S CONTENTIONS:
Safeway contended that it was not liable because it regularly inspected the restroom, as evidenced by its maintenance sweep logs. It also argued Gaddies was not significantly injured and that she had a pre-existing injury.

Settlement Discussions

Gaddies made a demand for $75,000 that was reduced to $37,500 on the eve of trial. Safeway offered $2,500.

Specials in Evidence

According to defense, plaintiff's medical specials were in excess of $100,000.

Injuries

Gaddies claimed she suffered herniated cervical discs at the C3-4, C4-5 and C5-6 levels for which she underwent a three-level cervical fusion.

Result

The jury returned a defense verdict for Safeway.

Deliberation

50 minutes

Length

four days


#112068

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