Facts

On April 13, 2006, plaintiff Thevarany Paul, a 64-year-old retiree, was lawfully inside Food Maxx store as a customer when she noticed a strong, pungent odor as she neared the cash register to check out. Plaintiff asked the cashier about the odor, and the cashier pointed to a nearby shelf of pool supplies and indicated that was the likely source of the vapor. The pool supplies included liquid pool chlorine and liquid muriatic acid.

Plaintiff left the store and went home. A few hours later, she began experiencing extreme, productive coughing, which worsened during the evening and nighttime. She began coughing up great amounts of phlegm.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant allowed toxic chlorine and acid vapors to permeate the front section of its store. Defendant either created the condition or permitted it to exist for an unreasonably long duration of time.

DEFENDANT'S CONTENTIONS:
Defendant contended that there was no spill and no release of chlorine gas.

Settlement Discussions

Plaintiff made a settlement demand of $100,000. Defendant made a CCP 998 offer of $2,501.

Injuries

Plaintiff suffered pulmonary spasms and fever, along with extensive coughing that lasted for approximately two months acutely. She was diagnosed with presumed reactive airway dysfunction syndrome caused by exposure to toxic chemical fumes.

Length

five days