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Personal Injury
Premises Liability
Negligent Maintenance

Delisa Harris v. Stremicks Heritage Foods, LLC

Published: Jul. 3, 2015 | Result Date: May 28, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 30-2013-00675769-CU-PO-CJC Verdict –  $211,000

Court

Orange Superior


Attorneys

Plaintiff

William Karns


Defendant

Judd R. Allen
(Law Offices of Arash Khorsandi PC)


Experts

Plaintiff

Israel P. Chambi
(medical)

Douglas Bennett
(technical)

Defendant

Michel Levesque
(medical)

Roger Wilson
(technical)

Facts

Plaintiff Delisa Harris filed suit against Stremicks Heritage Foods LLC, claiming she was shocked by a security gate.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that she was shocked when operating a security gate arm owned and maintained by defendant.

DEFENDANT'S CONTENTIONS:
Defendant claimed the shock never occurred, and that the security gate arm was properly maintained. Defendant argued that plaintiff's injuries were either pre-existing or caused by a fall after the incident, and that plaintiff's medical bills were unreasonable.

Settlement Discussions

According to plaintiff, defendant made a pretrial offer of $50,000. Plaintiff made a pretrial demand of $175,000. According to defense, defendant made a pretrial mediation offer of $150,000 new money.

Specials in Evidence

$111,000 (which included 3 surgeries)

Damages

Plaintiff fully recovered after the surgery, and only alleged past medical expenses and past pain and suffering.

Injuries

Plaintiff claimed left arm muscle fibrosis. Plaintiff claimed that the shock injured her arm eventually requiring surgery.

Result

Plaintiff's verdict for $211,000.

Other Information

Defendant purchased the workers compensation lien from plaintiff's employer and will receive an offset on the judgment of $59,600. The remaining judgment amount will be $151,400. FILING DATE: Sept. 16, 2013.

Deliberation

two hours

Length

five days


#115579

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