Facts

Plaintiff Carol Goff, 57, worked as a "front-end" manager at Safeway/Pac 'N Save grocery store in Emeryville.

Safeway had contracted with defendant, Monument Security Inc., to provide store security.

On Nov. 9, 2007, a 27-year-old female store customer attempted to pass a bad check for the purchase of groceries. Goff refused the check and asked the customer to leave the store, at which time the customer became enraged and told the plaintiff "I am going to kick your ass" and "you are going to sleep tonight."

Plaintiff immediately informed defendant's on-duty security guard that the customer had made a death threat to her and that the customer must not be allowed to reenter the store.

Some 10 minutes later, the customer reentered the store and attacked plaintiff with a butcher's knife.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was negligent because the security guard did nothing to prevent reentry to the store and that the guard was not properly trained.

DEFENDANT'S CONTENTIONS:
Defendant contended that the guard was responsible for loss prevention only and not for the purpose of preventing violent crimes against store employees. Defendant further denied that plaintiff ever told the security guard about the store patron's death threat and, therefore, defendant had no duty to prevent the attack.

Injuries

Plaintiff suffered left palm laceration, right shoulder/arm contusions, rotator cuff surgery, right carpal tunnel release, right elbow dysfunction, and post-traumatic stress disorder.

Result

The case settled for $250,000 after a one-day mediation with Hon. Raul A. Ramirez, retired. The settlement included a third-party compromise and release wherein the intervenor agreed to waive its $100,847 industrial lien.