Facts

On Mar. 27, 2005, a store employee of defendant La Bodega Mexicana took out the trash leaving a trail of water that was leaking from the trash. Plaintiff Alicia Rangel, 55 years of age, and weighing approximately 260 pounds, was shopping in the store when she slipped and fell on the trail of water. In doing so, the plaintiff hit a nearby metal shelf, cutting her upper arms, and landed on her left knee. She complained of an inability to lift her right arm when she treated with her chiropractor the following day, in addition to left knee pain.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant failed to properly close off the dangerous condition caused by its employee.

DEFENDANT'S CONTENTIONS:
The defendant contended that they maintain the floors of the store in a clean fashion so as to prevent dangerous conditions.

Specials in Evidence

$46,634.75

Injuries

The plaintiff sustained a full thickness tear of the supra spinus tendon in her right shoulder, and sprains/strains to both her shoulder and left knee. The plaintiff was also diagnosed with impingement syndrome and contusion of the right shoulder and traumatic chondromalacia patella of the left knee. The plaintiff underwent surgery for a complete tear of the supraspinatus tendon, tendonitis of the infraspinatus and a partial thickness tear of the subscapularis tendon in the right shoulder.

Result

The case settled for $95,360 (in addition to $4,749 in med-pay).