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Personal Injury (Non-Vehicular)
Premises Liability
Slip and Fall

Laura Rincon v. Ralphs Grocery Company

Published: Apr. 6, 1996 | Result Date: Feb. 27, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC123753 –  $125,000

Judge

George P. Schiavelli

Court

L.A. Superior Central


Attorneys

Plaintiff

Debra Rogers


Defendant

Robert C. De La Guerra

Martin L. Carpenter
(Carpenter Rothans & Dumont)


Experts

Plaintiff

Fred F. Hafezi
(medical)

Defendant

Roger S. Sohn
(medical)

Facts

On March 24, 1994, the plaintiff, Laura Rincon, a 34-year-old homemaker, was shopping at the defendant's, Ralphs Grocery Company's ("Ralphs"), store. It was approximately 6:30 p.m. and raining when the plaintiff was in the defendant store. The plaintiff alleged that she slipped and fell on what she calimed to be a puddle of water that had come from a drip from the ceiling. The plaintiff's husband witnessed the accident and noticed the presence of water. The plaintiff brought this action against the defendant, Ralphs, based on premises liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlment demand for $100,000 which was reduced to $45,000 at the mandatory settlement conference. The defendant made a settlement offer of $4,500 at the mandatory settlement conference.

Injuries

The plaintiff alleged that she sustained a fractured left elbow with post traumatic arthritis severely limiting the use of her left arm and hand; a torn left rotator cuff with impingment of her nerves; and neck and back strain. The plaintiff alleged that she would need two future surgeries to her elbow and her shoulder, with rehabilitation post surgeries as a result of the accident.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. A settlement conference was held on February 5, 1996, before Judge Schavelli which did not resolve the matter.

Deliberation

1 day

Poll

11-1

Length

6 days


#119537

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