James Deans v. The Vons Companies, Inc.
Published: Sep. 14, 1996 | Result Date: Jul. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: 154670 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David Pena
(medical)
Defendant
Howard Cantor
(technical)
Otis Harrison
(medical)
Facts
On March 5, 1995, plaintiff James Deans, a 35-year-old police officer, was walking in defendant Vons' Supermarket in Port Hueneme, when he stepped, slipped and fell in a puddle of water. The puddle was on the floor between the checkstand and the produce department, adjacent to a self-contained deli unit. The plaintiff testified that he did not see the water on the floor before the fall. According to the plaintiff, there were employees of the store within close proximity at the time he fell. The water was caused by a defective heating coil contained in the evaporation unit which caused the water to overflow onto the floor. The spill emanating from underneath the unit was approximately five feet by four feet and allegedly could not be seen due to the highly polished floors in the area. The plaintiff brought this action against the defendant based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $125,000 which was reduced to $75,000 after the arbitration.
Specials in Evidence
$7,800 $7,500
Damages
The plaintiff claimed $125,000 in damages.
Injuries
The plaintiff alleged he sustained soft tissue injuries to his low-back, right knee and right side.
Other Information
The verdict was reached approximately one year and five months after the case was filed. An arbitration was held before Harry Walsh resulting in an award of $17,500. The defendant requested for a trial de novo.
Deliberation
19 minutes
Poll
11-0 (one juror ill, no alternate).
Length
5 days
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