Facts

On Dec. 21, 2005, plaintiff, Judith Garland, 55, a water resources engineer, fell while in the restroom at work and fractured her femur. Her employer was located in a building at 620 Folsom Street in San Francisco.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued GMG Janitorial Inc., the company that cleaned the building for creating an unsafe condition on the premises. She contended that she slipped and fell as she stepped into the ladies room, just minutes after a GMG employee mopped the floor. She argued that there was no warning sign posted to warn her of the wet floor.

DEFENDANT'S CONTENTIONS:
GMG contended that plaintiff was found 20 feet from the entrance to the restroom, behind the partition to the handicap stall. The defense argued that she had displayed prior stability problems and her fall was likely caused by her weak left leg.

The defense presented evidence showing the toilet had been used by plaintiff contradicting her testimony that she had not reached the toilet when she fell.

Damages

The plaintiff sought past medical expenses of $68,000. She sought past wage loss of $53,000 and future wage loss of $440,000. She also sought noneconomic damages. Her counsel requested an award of $3.1 million.

Injuries

The plaintiff suffered from a spiral, comminated fracture to her femur. She underwent surgery and recovered with the help of a nurse. She returned to work part time after six weeks. The nurse testified that plaintiff would not be able to work at her desk job for more than three days a week until she retires at age 65.

Result

The jury returned a verdict for the defendant.

Other Information

Insurer for defendant GMG Janitorial Inc: Unigard Insurance Company.

Deliberation

two hours

Poll

9-3 (defendant's negligence), 10-2 (no causation)

Length

eight days