Facts

On Sept. 2, 2009, Hazel Cary entered a UPS store in Oakland. Cary, who was in her 80s, required a cane to walk, and as she entered the store, she fell and struck her head on a mailbox. Cary then sued the UPS Store and its owner, Mike Patel.

PLAINTIFF'S CONTENTIONS:
Cary argued that defendants did not properly maintain the store. She claimed that when she entered the store, there was a defective plastic runner on the floor. Her foot became caught on the plastic runner, causing her fall.

DEFENDANT'S CONTENTIONS:
Defendants argued that Cary had fallen because she had unbalanced herself while walking with her cane.

Injuries

Cary suffered contusions to her forehead, right arm, and right thigh. She was also diagnosed with a mild concussion.

Result

On Sept. 4, the jury returned a defense verdict, finding that the store had not been negligently maintained. On Oct. 22, Alameda Superior Court Judge Gail B. Bereola signed the judgment.

Deliberation

1.5 hours

Poll

12-0

Length

eight days