Ann M. Ingram v. Wal-Mart Stores, Inc., et al.
Published: Nov. 29, 1997 | Result Date: Oct. 2, 1997 | Filing Date: Jan. 1, 1900 |Case number: 95A506636 – $39,927
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
David Chan
(medical)
Facts
On May 25, 1995, plaintiff Ann Ingram, a 62-year-old product demonstrator, was at defendant Wal-Mart Store in Roseville. The plaintiff tried to pull the shopping carts apart, stepped backward and caught her heel on an exposed rebar from a broken concrete bumperguard in a handicap parking space. The plaintiff was an employee of the store but was on vacation at the time of the incident. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $80,000. The defendant made an offer of $10,000 at the time of trial.
Specials in Evidence
$3,957.82 $31,938.75
Injuries
The plaintiff suffered a bruised coccyx.
Other Information
The verdict was reached approximately one year and 11 months after the case was filed. An arbitration was held on Sept. 19, 1996, before Anthony G. Arlen of Barkett, Gumpert & Reinea resulting in an award of $32,357.92. Defendant filed a trial de novo. At the end of plaintiff's case, defendants filed a motion for nonsuit based on the fact that plaintiff was an employee at the store where she fell. Defendant claimed that even though she was on vacation at the time of the fall, she had come to the store to check her schedule. Evidence produced by plaintiff was that she did check her schedule, but it was for her own benefit and not required by her employer. The court denied the motion because defendant did not plead the affirmative defense of a workers' compensation injury and it was, therefore, waived.
Deliberation
five hours
Length
three days
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