Karen B. Arnold v. Costco Wholesale Corporation
Published: Nov. 16, 2004 | Result Date: Aug. 10, 2004 | Filing Date: Jan. 1, 1900 |Case number: VCM086775 Bench Decision – $0
Judge
Court
Solano Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Brent J. Watterman
(medical)
Defendant
John R. Batcheller
(medical)
Facts
Karen Arnold, a 55-year-old real estate broker, was shopping at a Costco warehouse in Fairfield. While walking down an aisle in the store, Arnold claimed she fell in a puddle of water and injured her knees. Arnold sued Costco Wholesale Corporation for premises liability.
Settlement Discussions
The plaintiff demanded $25,000 and the defendant offered waiver of costs (C.C.P. Section 998).
Specials in Evidence
$5,273
Damages
Income loss from her real estate business due to the accident.
Injuries
The plaintiff suffered injury to both of her knees and her neck and back. She also claimed difficulty in sleeping and headaches following the incident. She did not seek treatment for her pain until 10 months after the accident, at which time x-rays and an MRI showed no serious problems that could have been related to the accident.
Result
Defense
Other Information
Following plaintiff's opening argument, defense counsel moved for summary judgment for nonsuit outside the presence of the jury pursuant to C.C.P. Section 581c. The motion was based on the fact that the plaintiff had no evidence of either actual or constructive notice of a dangerous condition on the part of defendant that would demonstrate negligence. Judge Harry Kinnicutt indicated that he would allow the plaintiff the opportunity to re-open his opening statement to the jury. The plaintiff's counsel declined, and the judge granted defendant's motion for nonsuit and awarded costs.
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