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Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

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

Craig S. Kamansky

Court

San Bernardino Superior


Attorneys

Plaintiff

William I. Goldsmith


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


#112996

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