Tina Depillars v. Wal-Mart Stores, Inc.
Published: Dec. 6, 1997 | Result Date: Nov. 20, 1997 | Filing Date: Jan. 1, 1900 |Case number: SCV27467 – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Barry C. Snyder
(Snyder Burnett Egerer LLP)
Experts
Plaintiff
Alex J. Balian MBA
(technical)
Christopher Jobe
(medical)
Defendant
Donald I. Peterson
(medical)
Facts
On March 1, 1995, plaintiff Tina Depillars, a 30-year-old certified nursing assistant, entered defendant Wal-Mart's Highland store in the morning hours on a drizzly day with two of her children, ages 3 and 6. Shortly after entering the store, she slipped and fell on the linoleum floor. Plaintiff claimed that she arrived at 7:15 a.m., shortly after the store opened at 7 a.m. She contended that there were no mats out on the entry floors and that she and others tracked water onto the linoleum floor, creating a dangerous condition. Defendant contended that plaintiff entered the store after 8 a.m., when a senior citizen bingo game was in progress. A Wal-Mart associate testified that moments before the fall plaintiff told one of her children they "had to hurry." The defendant further contended there was no water on the floor and the store, consistent with its ongoing policy, had mats out when the store opened. Finally, defendant contended that plaintiff slipped and fell because she was in a hurry and not because of any dangerous condition. The plaintiff brought this action against defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
No demands or offers were made.
Specials in Evidence
$25,000 $50,000
Damages
The plaintiff claimed specials plus $400,000.
Injuries
The plaintiff claimed reflex sympathetic dystrophy (right leg), aggravated prior right knee injury, right hip bursitis and groin pain. After the accident, plaintiff underwent a right knee arthroscopy, lumbar sympathectomy, three nerve blocks, and a right hip bursectomy.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. EXPERT TESTIMONY: Plaintiff's retail safety expert, Alex Balian, testified that if mats were not out, it violated Wal-Mart's own policy.
Deliberation
three hours
Poll
9-3
Length
four days
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