Facts

On April 2, 2006, plaintiff David Cohen, 47, brought his microwave into defendant Roe service center (Center) in Santa Rosa, for repair when he slipped and fell as he was entering the premises. Due to rainy weather, the indoor mats were wet and slippery. Cohen was taken by ambulance to the hospital where he was treated for three days.

Cohen and his wife, plaintiff Jadie, filed suit for premises liability based on a dangerous condition and loss of consortium.

PLAINTIFF'S CONTENTIONS:
Cohen contended that there were no warning signs to indicate that the floor was wet, contrary to store policy.

DEFENDANT'S CONTENTIONS:
Center contended that Cohen was comparatively negligent for not taking proper care while walking with a large microwave. Center argued that Cohen's back problems were pre-existing.

Damages

Cohen sought damages in the amount of $93,211 for past medical expenses, $325,000 for future medical expenses, and unspecified non-economic damages. Cohen's wife, Jadie, sought damages for loss of consortium.

Injuries

Cohen suffered injuries to his lower back, which caused total disability. Cohen underwent surgery to install a spinal cord stimulator and an intrathecal morphine pump to manage the pain.

Result

The plaintiffs settled for $590,000.