Facts

Plaintiff Sharon Patterson was 7.5 months pregnant when on June 13, 2005, she alleged she slipped and fell in a puddle of grease in the service deli of a Ralphs supermarket. Store personnel had prior notice of the spill and had failed to barricade the area before the accident and therefore, the defendant admitted liability.

As a result of the fall, the plaintiff was concerned about her fetus in addition to complaining of back pain. She was transported by paramedics to Brotman Medical Center where she was placed on a fetal monitor and given an ultrasound. She was transferred to California Hospital where she was met by her OB/GYN and given a full prenatal workup and released the following morning. The plaintiff alleged complications with her pregnancy including vaginal spotting that ultimately led to labor being induced early. Following the birth of a healthy boy on July 27, 2006, the plaintiff received medical treatment from attorney-referred providers at LAX Medical Group though October 2006.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged she slipped and fell as a result of a grease spill. She was left unattended on the floor for several minutes until her companion ultimately found a manager who came to the scene and called paramedics. Her labor and delivery was complicated by injuries suffered in the fall. The plaintiff also alleged severe and chronic soft tissue injury to her mid and lower back. The plaintiff initially claimed an inability to return to work as a part time cafeteria aid for the LAUSD, but this claim was waived at the time of trial.

DEFENDANT'S CONTENTIONS:
The defendant contended that the plaintiff did the splits, but did not fall. She did not make pregnancy-related complaints at the scene of the incident and that is why she was initially transported to Brotman instead of a prenatal care center. None of plaintiff's medical treatment with her attorney-referred providers at LAX Medical Group and Orthopedic Care Center (Dr. Pollis) was reasonably medically necessary. The plaintiff had two MRIs of the thoracic and lumbar spine, which were normal. There was no justification for almost $8,000 in physical therapy, the orthopedic referral or the MRIs.

Settlement Discussions

The plaintiff made a statutory demand following the MSC for $35,000. The defendant made a C.C.P. Section 998 offer of $10,000.

Specials in Evidence

$18,000; waived; none;

Result

Defense verdict. The defendant admitted liability and zero award to plaintiff based on a special verdict finding that Ralphs' negligence was not a substantial factor in harm to plaintiff.

Other Information

FILING DATE: July 27, 2006.

Deliberation

half hour

Poll

12-0 (causation)

Length

four days