Shirley Posey v. Save Mart Supermarkets
Published: Aug. 1, 2009 | Result Date: Mar. 16, 2009 | Filing Date: Jan. 1, 1900 |Case number: RG-07-353309 Verdict – Defense
Court
Alameda Superior
Attorneys
Plaintiff
Gregory P. Brock
(Brock Law Office)
Defendant
Brian T. Bonney
(Clapp Moroney Vucinich Beeman Scheley)
Experts
Defendant
Boster Kobayashi
(medical)
Brad M. Wong
(technical)
Facts
On July 30, 2007, Shirley Posey went shopping at a Save Mart store and sat on a folding chair that was being displayed. The chair collapsed, which caused her to fall and hit her shoulder against a wall. Posey sued Save Mart Supermarkets, arguing premises liability.
Contentions
PLAINTIFF'S CONTENTIONS:
Posey claimed that the chair's clicking mechanism had not been secured and that the store's floor was slick, the combination of which caused the accident.
DEFENDANT'S CONTENTIONS:
The defense denied the allegations and claimed that Posey missed the chair when she sat down without looking at it first. Further, Save Mart argued that the chair did not collapse and that the floor was slip-resistant.
Specials in Evidence
$39,700 $2,910
Damages
The plaintiff sought approximately $240,000 for medical costs, lost wages, and pain and suffering.
Injuries
Posey claimed decreased range of motion, shoulder injury, and torn rotator cuff requiring surgery. She also claimed she required physical therapy.
Result
The jury found in favor of the defense.
Deliberation
1.5 hours
Length
six days
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