Facts

In July 2005, plaintiff Lisa Cook was sitting on a chair, which was sold and distributed by defendant Global Equipment Co. Inc., when the chair broke. She sued Global Equipment for products liability.

According to plaintiff's counsel: The case went to trial on the issues of causation and damages.

According to defense counsel: The case went to trial on the issue of damages only.

PLAINTIFF'S CONTENTIONS:
Cook contended that, although she was able to do light duty work, she was ultimately placed on medical leave, due to the pinched nerve in her back.

DEFENDANT'S CONTENTIONS:
Global Equipment contended that Cook did not suffer nature and extent of the injuries claimed. Cook worked full-time for three years at Exxon after the alleged incident and Global Equipment contended that Cook could have been accommodated by Exxon, but Exxon refused to do so and instead placed her on medical leave in 2009.

Settlement Discussions

The defense offered $280,000, via C.C.P. section 998, at time when Cook was still employed full-time at Exxon. According to plaintiff's counsel: Cook demanded $580,000 on the eve of trial. According to defense counsel: Cook demanded $1 million on the eve of trial.

Damages

According to plaintiff's counsel: In closing arguments, plaintiffs counsel requested the jury award Cook $1.8 million, including over $1 million in claimed past and future lost earnings. According to defense counsel: Plaintiff's counsel requested, during closing arguments, that the jury award Cook $2.25 million. Defense counsel argued that Cook was only entitled to several months of pain and suffering and that the majority of Cook's medical treatment was unrelated to the accident. The defense also contended that future wages should not be awarded.

Injuries

Cook allegedly sustained a herniated disc at L5-S1. She required physical therapy and epidural injections. The defense contended that Cook sustained only soft tissue injuries.

Result

The jury awarded Cook $690,300.

Other Information

During the first nine hours of deliberations, there were not nine jurors who felt that the chair was a substantial cause of Cook's injury. Chubb Group of Insurance Companies was an insurer.

Deliberation

1.5 days

Poll

9-3 (liability), 11-1 (damages)

Length

seven days