Yong Koh and Sung Koh v. Sierra Valley Mini-Mart; Jack C. Chang; Salvador Anthony Jimenez
Published: Sep. 20, 1997 | Result Date: Jul. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: SCV23429 Bench Decision – $0
Facts
On Aug. 28, 1994, the plaintiffs Koh had arrived at the defendant Sierra Valley Mini-Mart to purchase gasoline. The plaintiff husband, Yong Koh, a 40-year-old, went to the mini-market alone and prepaid for $25 worth of gas. The plaintiff was instructed to use pump No. 15, due to confusion, he insisted on using pump No. 16, and inadvertently allowed a stranger to pump the plaintiff's gasoline into the stranger's vehicle. This individual had prepaid for only $3.01 worth of gas, which is what the plaintiff received. The plaintiff returned into the mini-market to complain. The store was busy and more confusion ensued. The plaintiff eventually pumped approximately $22 worth of gasoline between the two pumps. The plaintiff then returned to the store again demanding a $3 refund. The plaintiff was instructed by the cashier on duty, defendant Salvador Jimenez, that he was not authorized to refund monies from the cash register. Defendant Jimenez provided the plaintiff with the telephone number of the owner (non-party Paul Chang). The plaintiff eventually slammed his fist into the cash register, attempting to push it onto the floor. While the struggle was ongoing, an uninvolved customer went behind the counter and called the local police. The Fontana Police Department arrived within several minutes along with paramedics from a private ambulance company. Per the defendants, two independent witnesses/customers confirmed the defendants' position that the plaintiff initiated the physical confrontation. The plaintiffs, husband and wife, brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand of $250,000, reduced to $100,000. The defendants made a settlement offer of $5,000 for each plaintiff.
Specials in Evidence
$19,000 (plaintiff husband) $1 million
Damages
The plaintiff claimed $500,000 in loss of earning damages.
Injuries
Plaintiff Yong Koh claimed he suffered a lacerated forehead, head contusion and resulting in loss of consciousness, permanent brain damage with related psychological care and traumatic hair loss. He also claimed he suffered grossly symptomatic and chronic soft-tissue injuries to the cervical, thoracic and lumbar spine with resulting physical therapy over a three-year period. Plaintiff Sung Koh claimed she suffered permanent brain damage with related psychological care, grossly symptomatic and chronic soft-tissue injuries to the cervical and thoracic and lumbar spine with resulting physical therapy over a three-year period. On or about Sept. 23, 1994, almost one month post-incident, the plaintiffs embarked on a course of physical therapy which continues to date. Per the defendant, the plaintiff wife's medical specials were virtually identical for treatments from the same doctors on the same days for the same complaints. The only medical care that the plaintiff wife did not receive that the plaintiff husband did was the ambulance ride to the hospital emergency room and dental workup.
Other Information
The decision was rendered approximately one year and 10 months after the case was filed.
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