Stan Feit v. Longs Drugs Stores; Buena Park Mall; and City Freeholds, Inc.
Published: Mar. 23, 1996 | Result Date: Feb. 14, 1996 | Filing Date: Jan. 1, 1900 |Case number: 738457 – $62,144
Judge
Court
Orange Superior
Attorneys
Plaintiff
Brian D. Chase
(Bisnar Chase LLP)
Defendant
Larry A. Dunlap
(Creason, Tucker & Alexander LLP)
Experts
Plaintiff
Paul E. Wakim
(medical)
Defendant
Edward A. Abraham M.D.
(medical)
Facts
On January 14, 1994, the plaintiff, Stan Feit, a 56-year-old owner of a gardening business, slipped and fell in a puddle of windex in the defendant's, Longs Drug Stores, store. A patron had accidentally spilled windex in various areas of the store. The windex came from a leaking bottle which was in the patron's shopping cart and was being wheeled throughout the store. Before the plaintiff's fall, the defendant allegedly knew of the leaking bottle and the mess it was creating and cleaned up at least three aisles which had been affected by the spill. The plaintiff claimed that the patron was spilling the windex in the defendant store both before and after the plaintiff's fall. The plaintiff brought this action against the defendants, Longs Drug Stores, Buena Park Mall (the owner of the premises) and the City Freeholds, Inc., based on premises liability and negligence theories of recovery. The defendants, Buena Park Mall and City Freeholds, Inc., were awarded a judgment of nonsuit following plaintiff's presentation of its case in chief.
Settlement Discussions
Settlement discussions were not disclosed.
Specials in Evidence
12,144 50,000
Injuries
The plaintiff alleged that she sustained soft tissue injury to her knee which was resolved and soft tissue and disc injury to L4-5, L5-S1 requiring future surgery.
Other Information
An arbitration resulted in a $60,000 award. The defendant requested a trial de novo.
Deliberation
3+ hours
Poll
12-0 (liability); 11-1 (damages)
Length
5 days
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