Facts

On Jan. 9, 2006, ninety year old Marion Bennett, a retired captain with the Santa Clara County Sheriff, was visiting Southern Lumber in San Jose to choose a bathroom vanity. Bennett tripped on a step that led up to the vanity display while talking to a Southern Lumbar employee. He missed the step and fell. Bennett broke his hip and underwent surgery at Kaiser Hospital. Bennett died two days after surgery due to complications.

PLAINTIFF'S CONTENTIONS:
Bennett's wife, Genalice Bennett, and his sons James and Robert Bennett sued Southern Lumbar alleging the fall caused Bennett's death. They contended the steps should have had a handrail. Plaintiff's counsel noted that after Bennett's fall, a handrail and warnings were installed.

DEFENDANT'S CONTENTIONS:
The defendant contended that Bennett fell because he was not paying attention. The defense also argued that due to Bennett's prior illness, he would not have survived the year 2006 anyways.

Damages

The plaintiffs intended to ask the jury for damages for their loss of care, comfort and security and for burial expenses.

Result

The parties settled prior to trial for $320,000.

Other Information

Insurer for defense Southern Lumber: Zurich.