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Personal Injury (Non-Vehicular)
Premises Liability
Trip and Fall

Alberta G. Mathis v. Bargain Fair, et al.

Published: Apr. 6, 1996 | Result Date: Dec. 14, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC094562 –  $60,047

Judge

James E. Satt

Court

L.A. Superior Central West


Attorneys

Plaintiff

Leo B. Brussel


Defendant

Terry A. Barak
(Office of the Attorney General)


Experts

Plaintiff

Victor H. Altamirano
(medical)

Defendant

Fredrick J. Lieb
(medical)

Facts

On December 18, 1992, at 6:30 p.m., the plaintiff, Alberta G. Mathis, a 74-year-old homemaker, was at the defendant store when she tripped and fell on a security gate track. She was exiting the defendant store when the accident occurred. The plaintiff brought this action against the defendant based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made no settlement demands and the defendant made no settlement offers.

Specials in Evidence

$16,000 $25,000 (per the defendant), $0 (per the plaintiff)

Injuries

The plaintiff alleged that she sustained soft tissue injury to her head, shoulder, neck ankle and hip; and a complete tear of her right rotator cuff as a result of the accident.

Other Information

The verdict was reached approximately two years after the case was filed. An arbitration was held on October 6, 1994, before Roy J. Daniel resulting in a defense award. The plaintiff requested a trial de novo.

Deliberation

3 days

Poll

12-0 (liability)

Length

3 days


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