Golden Eagle Insurance v. Home Depot
Published: Sep. 17, 2002 | Result Date: Aug. 9, 2002 | Filing Date: Jan. 1, 1900 |Case number: RIC333833 Verdict – $649,746
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Carl A. Beels
(technical)
Alex J. Balian MBA
(technical)
Dennis Ainbinder
(medical)
Facts
The plaintiff, Golden Eagle, filed its subrogation claim for workers compensation that had been
paid to the injured worker, Andrew Kalatuf. Kalatuf's case was later filed and consolidated into
the Golden Eagle case. Kalatuf, while exiting the Home Depot store in Moreno Valley, fell on a
wet slippery substance reported to be mortar. It was raining. According to the plaintiff, the
witness to the accident reported seeing several broken bags near the location where the plaintiff
fell.
Settlement Discussions
The plaintiff submitted a demand of $325,000. The defendant offered $25,000 to each plaintiff.
Injuries
Cervical surgery at C6-7; need for surgery at C4-5; continued pain and numbness in left upper extremity.
Other Information
Two prior mediations with David Fuller at Judicate West were unsuccessful, as was a MSC in the Riverside Court. According to the plaintiffs, their counsel impeached the testimony of the defendant's employees by presenting the jury with photographs taken at the Moreno Valley store evidencing multiple incidents of spills and materials in the parking lot, all of which remained for hours, they argued. The defendants contended that the photographs were taken 3/5 years after the subject accident. The defense has indicated that it will be filing a motion for JNOV and/or a motion for a new trial.
Deliberation
five hours
Length
three days
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