Facts

On Sept. 2, 2004, at approximately 11 a.m. on a nice day, plaintiff Flora Asher slipped in some "melted fertilizer" that was on the ground in the Outside Garden Department at the Carson Home Depot.

The plaintiff admitted she did not fall all the way down to the ground because she was able to hold onto her shopping cart. Further, a Home Depot assistant manager followed the plaintiff to the spot where the fertilizer was located, and observed her walking normally. In addition, the plaintiff told the manager she was fine, and merely wanted to alert Home Depot to the presence of the fertilizer so that no one else would slip. She then paid for the merchandise in her shopping cart, which consisted of three 50-pound bags of garden soil. After paying for the merchandise, the plaintiff pushed her shopping cart to her vehicle in the parking lot, and loaded all three of the 50-pound bags of garden soil into her vehicle by herself.

A few hours later, she returned to Home Depot and alleged she injured her neck when she slipped. She did not seek any medical attention for four months.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged she suffered injuries as a result of her slip at Home Depot. She maintained she did not seek medical attention for four months because she could not take any time off work.

DEFENDANT'S CONTENTIONS:
Home Depot alleged it had no actual or constructive notice of the melted fertilizer. Home Depot also disputed that plaintiff suffered any injuries as a result of her alleged slip.

Settlement Discussions

The plaintiff's demand at trial was $100,000.

Injuries

The plaintiff suffered soft tissue injuries to her neck, back, left leg, right shoulder and right hip.

Result

After a bench trial, the court found in favor of Home Depot.

Other Information

The plaintiff rejected Home Depot's C.C.P. Section 998 offer to compromise, so Home Depot filed a memorandum of costs reflecting costs of $8,885.