Patricia Allen v. Don Martin, dba Rainbow Vending, Imperial Bondware, V.S.A., Inc.
Published: Nov. 6, 1993 | Result Date: Oct. 22, 1993 | Filing Date: Jan. 1, 1900 |Case number: 656772 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gerald Zaid
(medical)
Kenneth S. Obenski
(technical)
Bonnie Evans
(medical)
Defendant
Irene Jalowayski
(medical)
Robert Eades
(technical)
Geoffrey A. Smith
(medical)
Facts
On September 30, 1991, Plaintiff Patricia Allen, a 48-year-old dispatcher with the San Diego Sheriff's Department, alleged that she was injured while consuming a cup of coffee that she purchased from Defendant Rainbow Vending's machine. Plaintiff alleged that she sustained injuries to her throat and stomach as a result of swallowing glass contained in the cup. The cup was manufactured by Defendant Imperial Bondware and distributed by Defendant V.S.A.
Settlement Discussions
Defendants contend the following: Imperial Bondware made a 998 offer of $2,500; V.S.A., Inc., made no offers; Rainbow Vending settled on the second day of trial for $29,999; and Plaintiff made a 998 demand of $82,500.
Specials in Evidence
$7,763 $6,200
Injuries
Gastroesophageo reflux disease and speech dysphonia requiring gavascon and reglan prescriptions, speech therapy, and extensive examinations and observations.
Deliberation
1.25 hours
Poll
10-2 against Imperial Bondware, 11-1 against V.S.A., Inc.
Length
5 days
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