Facts

In October 2006, Steve Gericke, a 62 year-old diabetic, went to the Holly Nail Salon in San Mateo where he received a pedicure. On October 30, Gericke called his doctors to report an open wound on his foot which had become infected. The wound had developed a staph infection and ultimately required amputation of his right little toe. Subsequent to the amputation, Gericke suffered congestive heart failure. Gericke sued Holly Nail Salon claiming negligence. His wife sued for loss of services.

PLAINTIFF'S CONTENTIONS:
Gericke claimed that a nail technician had scrubbed a callous so vigorously that it caused the open wound on his foot that resulted in the infection, amputation, and heart failure. Gericke was not sure when he first noticed the injury but it was either immediately, several hours later, or several days later.

DEFENDANT'S CONTENTIONS:
Holly Nail Salon contended that Gericke was not injured in the salon. It argued that the injury was actually the result of his long-term and uncontrolled diabetes. Defendant presented evidence that Gericke had not been compliant with the treatment of his diabetes for 10 years and that he suffered from coronary artery disease and hypertension. He had failed, it claimed, to comply with multiple medical recommendations for additional exercise and had undergone a triple bypass procedure in 1999. It further argued that he had an extensive family history of diabetes-related amputations.

Holly Nail Salon also claimed that Gericke had been negligent in his own treatment by failing to alert doctors of his injury until two weeks later in spite of his known risk. Finally, defendant presented expert testimony that Gericke's heart failure was merely the result of his diabetic condition and unrelated to the staph infection.

Settlement Discussions

Gericke offered to settle for $60,000; Holly Nail Salon made no settlement offer.

Injuries

Gericke claimed to have suffered an open wound to his fifth metatarsal, which because infected with staphylococcus aureus resulted in amputation of the toe. The infection, he claimed, resulted in a six-day hospital stay for congestive heart failure. The amputation required his use of a cane which precluded his participation in skiing, tennis, and soccer.

Result

Defense verdict.

Deliberation

two hours

Poll

10-2

Length

eight days