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Personal Injury
Premises Liability
Negligent Repair and Maintenance

Raquel S. Lopez v. Wal Mart Stores Inc.

Published: Nov. 9, 2013 | Result Date: Aug. 22, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 37-2012-00076594-CU-PO-SC Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Jorge F. Gonzales

Michael J. Runkle


Defendant

Bron E. D'Angelo


Experts

Plaintiff

James McClurg
(medical)

Alex J. Balian MBA
(technical)

Facts

On Dec. 12, 2011, Raquel Lopez, who was in her 40s, was shopping at a Walmart store in Chula Vista when she tripped and fell on a mat. She sued Wal Mart Stores Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Lopez claimed that the store had been negligently maintained, because the store had not properly maintained the mat. An expert witness testified that the accident would not have occurred if the mat had been properly cleaned.

DEFENDANT'S CONTENTIONS:
Walmart argued that the mat was properly maintained and that all industry standards had been followed.

Injuries

Lopez suffered soft-tissue injuries to her back and a torn rotator cuff in her right shoulder.

Result

A jury found that Walmart had not been negligent in maintaining the mat.

Deliberation

two hours

Poll

11-1

Length

four days


#118647

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